JUDGMENT :

Heard Mr. K.K. Mahanta, learned senior counsel, assisted by Ms. N. Begum, learned counsel for the petitioner. Also heard Mr. A.M. Bora, learned senior counsel, assisted by Mr. J. Patowary, learned counsel for respondent nos. 1 and 2, as well as Mr. S. Bhuyan, learned standing counsel for Higher Education Department, representing respondent no.3.

2. It may be mentioned herein that by an interim order dated 22.12.2022, this Court had directed that till the next returnable date, the parties to this proceeding shall maintain status quo with regard to the post of Dean (Study Centre) in Krishna Kanta Handiqui State Open University (hereinafter referred to as ‘KKHSOU” in short). The respondent nos. 1 and 2 had filed an interlocutory application for vacating the said interim order, which has been registered and numbered as I.A.(C) 510/2023. This Court by an order dated 16.06.2023, passed in the said interlocutory application had expressed that this writ petition be disposed of instead of considering the said interlocutory application. Accordingly, it was ordered that the said interlocutory application would be treated as counter-affidavit. Thus, on the joint prayer made by all sides, the writ petition has been heard.

3. In brief, the case of the petitioner is that he was holding a substantive post of Assistant Professor in Nowgong Girls’ College, Nagaon. Pursuant to an advertisement inviting applications for appointment to the post of Dean (Study Centre), KKHSOU [also referred to in several places as Dean (Study), KKHSOU], the petitioner had applied for being selected and appointed to the said post. Vide appointment letter dated 06.10.2015, the petitioner was appointed to the said post for a term of 5 (five) years from the date of joining. Accordingly, the petitioner had joined in the said post on 03.11.2015. Accordingly, it is projected that the tenure of the petitioner to the said post was upto 02.11.2020. On 21.09.2020, the KKHSOU (respondent no. 1) had issued an advertisement inviting applications for appointment to the said post of Dean (Study Centre), KKHSOU for a period of 5 (five) years from 2020 till 2025 and accordingly, the petitioner had applied for the said post. The petitioner was again selected. However, as per the appointment letter dated 20.10.2020, the tenure of the petitioner for the post of Dean (Study Centre) was made for 5 (five) years or till attaining the age of 60 years, whichever is earlier. The petitioner claims that the capping of his tenure of service till the age of 60 years was arbitrary, which was not altered despite bring it to the notice of the competent authorities. In the meanwhile, the petitioner was served with a notice dated 29.11.2022, informing him that his last working day would be 31.12.2022.

4. Therefore, the petitioner has filed this writ petition under Article 226 of the Constitution of India praying for, amongst others, a direction upon the respondent authorities (1) to withdraw, rescind, revoke, cancel and forbear from giving effect to the notice dated 29.11.2022, issued by the Registrar, KKHSOU (respondent no.2); (2) to withdraw, rescind, revoke, cancel and forbear from giving effect to the later part of the condition under the head of “Nature of Post” and “Service Condition” i.e. “or till attainment of 60 years whichever is earlier” contained in the appointment letter dated 20.10.2020, issued by the Registrar, KKHSOU (respondent no.2); (3) for quashing the herein before referred notice dated 29.11.2022; and (4) to allow the petitioner to complete his tenure as Dean (Study Centre), KKHSOU from 03.11.2020 to 02.11.2025.

Submissions on behalf of the petitioner:

5. The learned senior counsel for the petitioner had meticulously referred to the pleadings and the documents annexed to the writ petition.

6. It was submitted that after the expiry of the first tenure of the petitioner as Dean (Study Centre), KKHSOU from 03.11.2015 to 12.11.2020, the subsequent appointment was a fresh appoint