JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. S.P. Sharma, learned counsel for the Petitioner and Mr. N. Ratan, learned counsel appearing on behalf of the Respondent No. 1. Also heard Mr. T. Gadi, learned Standing counsel for Rajiv Gandhi University representing Respondent Nos. 2 and 3 as well as Mr. D. Panging, learned counsel appearing on behalf of Respondent No. 4.

2. The instant writ petition has been filed challenging the communication date 25.11.2021 issued by the Respondent No. 3; the communication dated 11.01.2022 issued by the Respondent No. 3 and for a direction to the Respondent Nos. 2 and 3 to deem that the Petitioner had joined as the Professor of Department of Management in the Respondent No. 2 University w.e.f. 24.11.2021 with all consequential benefits of pay, seniority etc.

3. The brief facts of the instant case are that the Petitioner joined the Rajiv Gandhi University at Itanagar (the Respondent No. 2 herein) on 03.08.1995 as the faculty of Commerce and served in the capacity till the year 2006. From the year 2006 to 2019, the Petitioner served as the Head of the Department (Management) of the Respondent No. 2 University and during this period, the Petitioner held posts as a Chairman, Board of Studies; Member, Board of Studies; Dean of Faculty, Commerce and Management; Member of Academic Council; Member of Executive Council. Besides such engagement, the Petitioner was the Court Member of Tripura University and Member of Research Council, NERIST. On and from the year 2014, the Petitioner was also holding the post of Controller of Examinations of the Respondent No. 2 University.

4. In the year 2018, pursuant to an advertisement, the Petitioner applied for the post of Vice-Chancellor, Dibrugarh University as per the prescribed format. The candidature of the Petitioner along with other applicants were considered and the Governor of Assam-cum-the Chancellor, Dibrugarh University vide an order dated 04.07.2018, appointed the Petitioner as the Vice-Chancellor of the Dibrugarh University. The said order dated 04.07.2018 was followed by a notification of the same date issued by the Joint Secretary to the Governor of Assam thereby appointing the Petitioner as the Vice-Chancellor of Dibrugarh University in exercise of the powers conferred under Section 10(1) and (2) of the Dibrugarh University Act, 1965 (for short ‘the Act of 1965’). At this stage, it may be relevant to take note of that vide the said notification dated 04.07.2018, the Petitioner was appointed as the Vice-Chancellor of Dibrugarh University with effect from the date of taking over charge and he shall hold office for a period of 5(five) years or till he attains the age of 70(seventy) years, whichever is earlier as per the provisions of Sub-Section (3) and (4) of Section 10 of the Act of 1965.

5. Consequent to the said appointment order as well as the notification both dated 04.07.2018, the Petitioner was granted lien by the Respondent No. 2 University for a period of 3(three) years w.e.f. 17.07.2018 to 16.07.2021 vide an order dated 16.07.2018 issued by the Respondent No. 3. It was mentioned in the order dated 16.07.2018 that the terms and conditions in granting lien which were not specified in the said order but exist in the Rajiv Gandhi University Ordinance and promulgated from time to time would be applicable in the case. It is also relevant herein to mention that vide another order dated 30.03.2021, the lien which was granted to the Petitioner vide the order dated 16.07.2018 was extended for another period of 2(two) years i.e. w.e.f. 17.07.2021 to 16.07.2023, on the said terms and conditions as was there in the order dated 16.07.2018.

6. On the basis of the said lien so granted on 16.07.2021, the Petitioner joined the post of the Vice-Chancellor in the Dibrugarh University, Assam.

7. The record reveals that various allegations were leveled against the Petitioner by The Dibrugarh University’s Teachers Association, The Dibrugarh University’s Officers Association