The court affirmed that administrative decisions must be justified with reasons, and a spouse's contractual liabilities cannot affect the other's rightful claims.

JUDGMENT :

(Anjani Kumar Sharan, J.)

Heard Mr. Sharukh Alam, learned counsel for the petitioner and Mr. Anjani Kumar, Sr. Counsel, assisted by Mr. Amit Kumar, learned counsel on behalf of the Nalanda University (hereinafter referred to as the ‘University’).

2. Petitioner has approached this Court for the following reliefs:-

(i) For commanding the concerned respondents to give due reasons for non-renewal for her contract and take decision based on due process and which are not seen to be arbitrary and vindictive.

(ii) For commanding the concerned respondents to release/remit the dues of the petitioner which is pending with the respondent no.1 to 3 since April, 2019.

(iii) For any other relief for which the petitioner is found entitled to be in the facts and circumstances of the case.

3. Petitioner has filed the present application against the illegal withholding of her rightful dues for work done in complete violation of the terms of employment. The terms and conditions of the offer letter, contract and Nalanda University Act, Statutes, Ordinances as amended/ notified from time to time were applicable to her employment. (Annexure-1 of the writ application).

4. The Nalanda University is a University created by an Act of Parliament, the Nalanda University Act, 2010 as an international university of national importance under the aegis of the Ministry of External Affairs, Government of India from which it receives the bulk of its institutional and operational funding. The Nalanda University (hereinafter referred to as the “University”) is located at the historic site of Nalanda at Rajgir in the State of Bihar.

5. It is submitted by the learned counsel for the petitioner that the petitioner was an employee on contract as Laboratory Assistant at the School of Ecology and Environment Studies of the University since 10.05.2016 on a year to year contract. The terms and conditions of the Offer Letter, Contract and the University Act, Statutes, Ordinances as amended/ modified from time to time were applicable to her employment.

6. Petitioner’s husband, namely, Dr. Murari Kumar Jha, was also employed with the respondents as an Assistant Professor on full time employment with the School of Historical Studies on a tenure track position pursuant to Faculty Employment Contract dated 24.11.2015. The ‘tenure’ was to be reviewed after a period of three years on 01.01.2018. However, the period of ‘tenure review’ was extended until 31.12.2018. The ‘tenure track’ would be converted to a ‘tenured’ or ‘permanent’ position after the participatory and objective review after the appointed time. During the said period, the petitioner’s husband was offered a 10 month residential fellowship as a visiting fellow at Weatherhead Initiative on Global History, Harvard which the petitioner’s husband undertook after taking necessary NOC from the respondents.

7. Petitioner’s husband left for Harvard while the petitioner stayed at Rajgir, Nalanda with her daughter. While, the husband of the petitioner was away, his ‘tenure track contract’ was illegally terminated on 18.02.2019 by the respondent no.1 without even adhering to the prescribed procedure of law. On 27.03.2018, a memo was assigned to the petitioner by the competent authority alleging that she was not performing her duties with devotion and she lacks commitment towards the job assigned to her.

8. It is further submitted that the said memo lacked details about what was viewed as lack of devotion from the part of the petitioner. The petitioner responded to the said memo highlighting her credentials and commitment to the job at hand. She continued to carry on with her duties with dedication and her contract continued getting renewed. (Annexure-2 of the writ application). After the termination of her husband’s contract, petitioner’s contract which was a year to year contract was renewed on 18.04.2019 up till 14.05.2019 i.e. only for a period of approximately one month. The respondents vide order dated 08.05.2019 c