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ACHINTYA MALLA BUJOR BARUA
Matiur Rahman, Son Of Late Mahbubor Rahman – Appellant
Versus
Gauhati University, Represented By The Registrar – Respondent
JUDGMENT :
Heard Mr. K.K. Mahanta, learned Senior Counsel assisted by Ms. N. Begum, learned counsel for the petitioner. Also heard Mr. P.J. Phukan, learned counsel for the respondents in the Gauhati University and Ms. B. Choudhury, learned counsel for the respondent No. 4 although it is stated that the respondent No. 4 had handed back the charges that was given to her as the Principal of the University Law College.
2. The writ petitioner is an Assistant Professor in the University Law College and aspires to become the In-Charge Principal of the University Law College but the said aspiration had been frustrated by the order impugned dated 16.02.2023 by which the respondent No. 4 was made the In-Charge Principal.
3. Mr. K.K. Mahanta, learned Senior Counsel for the petitioner raises the contention that the respondent No. 4 is an incumbent from the Law Department of the Gauhati University whereas by the order impugned dated 16.02.2023 she has been made the In-Charge Principal of the University Law College and the same would be impermissible as it amounts to an inter departmental positioning.
4. To understand the status of the University Law College vis-à-vis the Law Department of the G
Inter-departmental positioning of professors and assistant professors is impermissible under the Gauhati University Act, 1947, Section 15.
Point of Law : Court is inclined to hold that the petitioner has no legal or fundamental right to hold the post for more than what was prescribed in the employment advertisement.
The Executive Council exceeded its authority by unilaterally imposing new qualifications on Heads of Departments, which contradicted the established statutory framework under the University Act.
The University has the power to appoint an ad hoc Principal In-charge and exercises overall supervisory control on an affiliated college.
The University has the power to appoint an ad hoc Principal In-charge of an affiliated college, and the appointment must be in accordance with the relevant statutes and regulations.
The appointment of the Director of a legal education institute must comply with the qualifications set by the Bar Council of India's Rules of Legal Education, 2008.
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