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2023 Supreme(Del) 4922

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J.
Dr. M. P. Chaudhary – Appellant
Versus
Netaji Subhas University of Technology & Anr. – Respondents
W.P.(C) 2230 of 2021
Decided On : 05-07-2023

Advocates appeared:
Mr. Tushar Singh and Ms. Sugandh Virmani, Advocates, for the Petitioner.
Mrs. Avnish Ahlawat, Standing Counsel with Ms. Tania Ahlawat, Mr. Nitesh Kumar Singh, Ms. Palak Rohmetra, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advocates, for the Respondents.

Headnote:(A) The Delhi Netaji Subhas University of Technology Act, 2017 - Section 2(k) and 2(w) - First Statutes of the University - Statute 24(4) - Termination of services - Petitioner, a Visiting Faculty, challenged termination notice for lack of due process and failure to provide a show-cause opportunity - Court emphasizes that all employees, including Visiting Faculty, are entitled to due process before termination, aligning with the principles of natural justice as integral to Article 14. The University failed to follow required procedures, leading to the quashing of the termination notice. (Paras 8, 9, 20, 26, 32, 34)

(B) Natural Justice - Audi alteram partem - The court stressed the significance of providing an opportunity for hearing and responding to allegations against a faculty member before taking adverse action against their employment, underscoring that principles of natural justice must not be ignored based on the seriousness of allegations. (Paras 10, 28, 34)

Facts of the case:
The petitioner, a Visiting Faculty appointed for one year, faced termination without a proper show-cause notice despite complaints regarding his teaching performance. The termination order was issued cryptically and without allowing him a chance to defend himself.

Findings of Court:
The court found that the lack of a show-cause notice and the failure to adhere to statutory provisions made the termination unlawful. The termination was quashed, and the University was ordered to follow due process.

Issues: Whether the termination of the Petitioner without a show-cause notice was valid and within the legal framework of applicable statutes and principles of natural justice.

Ratio Decidendi: The court established that a Visiting Faculty member, defined as an employee under relevant statutes, is entitled to the same procedural protections regarding termination as other faculty, reinforcing the necessity for adherence to due process in academia.

Result: Writ petition allowed; termination notice quashed.

Table of Content
1. petitioner's service termination challenge and background. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments against termination due to lack of due process. (Para 8 , 9 , 10 , 11 , 12 , 13)
3. university's defense regarding termination and resultant complaints. (Para 14 , 15 , 16 , 17)
4. court’s examination of the legality surrounding the appointment and termination. (Para 19 , 20 , 21 , 22 , 23 , 24)
5. importance of adhering to principles of natural justice. (Para 26 , 27 , 28)
6. court's decision to quash termination and order a show cause notice. (Para 34 , 35)

JUDGMENT

Jyoti Singh, J. By this writ petition, Petitioner assails termination notice dated 31.12.2020 issued by Netaji Subhas University of Technology/Respondent No.1 (hereinafter referred to as `University') and also seeks a writ of mandamus directing the University to treat Petitioner's services as Visiting Professor, Department of Mathematics as deemed to be continued from 31.12.2020.

2. Factual matrix, shorn of unnecessary details and as captured in the writ petition, is that Petitioner is a reputed and renowned mathematician with vast and enriching experience as a Scholar and is a recipient of esteem accolades viz. scholarship of Clay Mathematics Institute (USA), 2008, Young Scientist Talent Award, 2002 and more than 275 publications to his credit. Petitioner has also served as Associate Professor (Mathematics) at the prestigious International Institution Madda Walabu University apart from other academic achievements.

3. University is established by a Statute and works directly under Respondent No.2/Directorate of Training and Technical Education, Government of NCT of Delhi.

4. Petitioner was recommended by a duly constituted Selection Committee in its meeting held on 30.07.2019 for appointment as Visiting Professor (Visiting Faculty), Mathematics in accordance with The Delhi Netaji Subhas University of Technology Act, 2017 (hereinafter referred to as `Act 2017') and Netaji Subhas University of Technology, Delhi (First) Statutes, 2018 (hereinafter referred to as `First Statutes').

5. Pursuant to the recommendations of the Selection Committee, Petitioner was appointed vide letter dated 02.08.2019 initially for a period of one year with a condition that his services could be dispensed with in case of appointment of a regular faculty. It is stated that upon concerns raised by the Petitioner, this condition was deleted and a fresh letter dated 16.08.2019 was issued. Vide order dated 30.08.2019, pay of the Petitioner was sanctioned as Rs.1,17,856/- per month w.e.f. 06.08.2019 as a Visiting Professor. Upon satisfaction of the services rendered, the period was extended by another one year from 06.08.2020 till 05.08.2021.

6. Petitioner avers that suddenly without any prior notice or warning and for no plausible reason, a termination notice dated 31.12.2020 was served on the Petitioner purportedly issued by the Competent Authority. The notice was cryptic and non-speaking and Petitioner was unable to understand the reason for the sudden proposed termination and to prevent the Petitioner from taking legal recourse, the termination was sought to be effected with `immediate effect'. Aggrieved with the notice, Petitioner gave a written representation dated 15.01.2020 to the Vice-Chancellor of the University but there was no response whereafter Petitioner filed the present writ petition.

7. On 18.02.2021, when the writ petition was first listed, Court was informed by the counsel for the Petitioner that by communication dated 31.12.2020 Petitioner was called for a personal hearing and the matter was adjourned. On 09.03.2021, Court was apprised that after giving a personal hearing to the Petitioner, an order had been passed by the University on 05.03.2021 containing justification for the termination. The order has been placed on record.

8. Assailing the impugned order dated 05.03.2021 and the earlier termination notice dated 31.12.2020, learned counsel for the Peti

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