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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. KOTISWAR SINGH, NANI TAGIA, JJ.
Dr. Biswajit Sarma, Son of Late Dugdha Nath Sarmah - Appellant
Versus
The Gauhati University, Represented by the Vice Chancellor - Respondent
WA 82 of 2022
Decided on : 22-03-2022
Gauhati University Act - Section 13(F),2F or 12B - Appointment - Scale of Pay - In order to appreciate rival contentions and to understand the true nature of appointment of appellant, it would be necessary to advert to certain basic background facts – Anadvertisement was issued by Gauhati University for certain posts including one post of Director, College Development Council vide Advertisement by specifying that it will be initially for a period of 5 (five) years - For post of pay ofController of Examinations adequate experience in conductingUniversity level examinations is essential Scale of Pay: UGCScale of pay of Pay with Grade Pay with other allowances and benefits as admissible as per Gauhati University rules - Age: Should not be below 45 years.
Finding of the Court: Court are constrained to hold that action of Gauhati University in relieving the appellant from service cannot be held to be illegal, but manner in which it was implemented cannot be approved of, as appellant ought to have been heard in conformity with principles of natural justice - However, as discussed, under present circumstances, affording the appellant an opportunity to be heard will be a futile exercise as no effective relief can be granted to appellant as regards restoration to his earlier post since initial period of 5 (five) years has already lapsed - But fact remains that Gauhati University has not conducted itself in the most appropriate manner by adhering to principles of natural justice and as such court are constrained to impose a cost only to Gauhati University for issuing release order of the appellant without hearing him in complete violation of the principles of natural justice – Court have also kept in mind that it was Gauhati University which itself had issued appointment order by clearly stating that post is a permanent post, thus, inducing appellant to believe that he has been appointed to a permanent post in spite of term of the advertisement – Court are not inclined to entertain this writ appeal and consequently dismiss.
Result : Writ appeal is dismiss.
JUDGMENT :
N.Kotiswar Singh, J.
Heard Mr. U.K. Nair, learned senior counsel assisted by Mr. P. Saikia, learned counsel for the appellant. Also heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. P.J. Phukan, learned Standing Counsel, Gauhati University appearing for respondent Nos.1-3 and Mr. K. Gogoi, learned Standing Counsel, Education (Higher) Department appearing for respondent No.4.
THE ISSUE
2. The moot question to be decided in this writ appeal, arising out of the judgment and order dated 25.02.2022 passed in WP(C) No.1447/2021 is, of the true nature of the appointment of the appellant to the post of Director, College Development Council of the Gauhati University.
The writ appellant contends that the appointment is of permanent nature and as such, termination of his service by the University authorities by treating the post to be a tenure post is ex-facie-illegal.
On the other hand, the case of the respondent Gauhati University is that the said appointment is a tenure one, restricted in time and thus, terminable on completion of 5 (five) years period.
BRIEF FACTS
3. In order to appreciate the rival contentions and to understand the true nature of the appointment of the appellant, it would be necessary to advert to certain basic background facts.
4. An advertisement was issued by the Gauhati University for certain posts including one post of Director, College Development Council vide Advertisement No.NTS-1/2013 by specifying that it will be initially for a period of 5 (five) years. The advertisement reads as follows:
1. Secretary, University Classes-1(one) post (Permanent)
2. Controller of Examiantions-1(one) post (Permanent)
3. Director, College Development Council-1 (one) post (Initially for a period of 5 years)
4. Research Officer - 1 (one) post (Temporary on contractual Basis) in G.U. Institute of North East Studies (GUINES)
For Post No.1, 2 & 3 :
Minimum Educational Qualification and experience for the post of secretary, University Classes, Controller of Examinations and Director, CDC.
A. A Master degree with at least 55% marks or its equivalent grade of B in the seven point scale.
B. At least 15 years of experience as Assistant Professor/Lecturer with 8 years as Associate Professor/Reader/Selection Grade Lecturer along with experience in educational administration.
OR
Comparable experience in a research establishment and/or other institutions of higher education.
OR
15 years of administrative experience of which 5 years as Deputy Registrar or equivalent grade.
Desirable:
1. Ph.D. degree shall be desirable but not an essential qualification.
2. For the post of pay of Controller of Examinations adequate experience in conducting
University level examinations is essential Scale of Pay: UGC Scale of pay of Pay Band Rs.37,400-67,000/-(PB-4) with Grade Pay of Rs.10,000/-with other allowances and benefits as admissible as per Gauhati University rules.
Age: Should not be below 45 years on 01.03.2013
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5. Pursuant to the said advertisement, the selection process was held and on the basis of the recommendation of the Selection Committee, the appellant was appointed to the post of Director, College Development Council vide appointment order under Ref. No.
GU/Estt/OCR/Advt. & App/Director, CDC/NTS-1-2013/1873 dated 11.06.2015.
6. While making the appointment, it was clearly mentioned in the appointment order that the post is permanent and the retiral benefits would be as per the provision of Gauhati University Pension Rules.
Relevant terms and conditions mentioned in the appointment order dated 11.06.2015 are as follows,
...........
Dear Dr. Sarma,
I am glad to inform you that you are selected for appointment to the post of Director, College Development Council, Gauhati University, under th
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