The main legal point established is the requirement of adherence to the principles of natural justice, including providing an opportunity of hearing, in termination proceedings, and the applicability of UGC Regulations in the appointment of faculty members.

Heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. P.J. Phukan, learned counsel for the appellants. Also heard Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. M. Sarma, learned counsel for the respondent No.1 and Mrs. K. Borpuzari, learned counsel appearing on behalf of Mr. A. Chamuah, learned standing counsel, University Grants Commission (UGC) representing the respondent No.2.

2. This intra-Court writ appeal is filed by the appellants being aggrieved with the judgment & order dated 15.03.2024 passed by the learned Single Judge in WP(C) No.2214/2023, whereby the writ petition filed by the writ petitioner (respondent No.1 herein) came to be allowed and the order dated 19.04.2023 was set aside, whereby the service of the respondent No.1/writ petitioner, as Professor in Bhupen Hazarika School of Mass Communication, was terminated with immediate effect.

3. The brief facts of the case are that the Krishna Kanta Handiqui State Open University (hereinafter to be referred as “KKHSOU”) issued an advertisement dated 14.08.2020 for filling up of various posts of teachers. The respondent No.1/writ petitioner applied for the post of Professor in Bhupen Hazarika School of Mass Communication. The Board of Management of KKHSOU has approved the selection and appointment of the respondent No.1/writ petitioner on the post of Professor in Bhupen Hazarika School of Mass Communication and pursuant to that, the respondent No.1/writ petitioner has joined on the said post on 01.02.2021 in terms of an appointment letter dated 24.12.2020. After completion of the probationary period of 1(one) year, the services of the respondent No.1/writ petitioner was confirmed, i.e. from 01.02.2022, vide letter dated 11.03.2022.

4. The Registrar of KKHSOU has issued a show cause notice dated 03.04.2023 to the respondent No.1/writ petitioner indicating therein that a Committee was constituted to examine the eligibility of the respondent No.1/writ petitioner for appointment on the post of Professor of Bhupen Hazarika School of Mass Communication and the said Committee has submitted its report before the Board of Management in its 70th Meeting. The Board of Management in the said meeting has resolved that action should be taken against the respondent No.1/writ petitioner based on the recommendation of the Committee. Vide the show cause notice dated 03.04.2023, the respondent No.1/writ petitioner was asked to furnish his opinion within 10(ten) days about the decision of the Committee and the Board of Management. Along with the said notice, the report of the Committee was also enclosed.

5. Immediately after receiving the said show cause notice, the respondent No.1/writ petitioner has written a letter on 04.04.2023 to the Registrar, KKHSOU and sought for the authenticated copies of certain documents relied on by the Enquiry Committee so that he can submit his reply. The respondent No.1/writ petitioner has asked for 2(two) weeks time to submit his reply. It appears that the required documents were supplied to the respondent No.1/writ petitioner on 18.04.2023. However, without providing further opportunity to the respondent No.1/writ petitioner, the impugned termination order dated 19.04.2023 was passed by the Registrar of the KKHSOU.

6. Being aggrieved with the same, the respondent No.1/ writ petitioner has preferred the aforementioned writ petition before the learned Single Judge, which came to be allowed vide the impugned judgment & order dated 15.03.2024 and the termination order dated 19.04.2023 was set aside and a direction was issued to reinstate the respondent No.1/writ petitioner forthwith as Professor in Bhupen Hazarika School of Mass Communication with all consequential benefits. However, the learned Single Judge has granted liberty to the respondent University (appellants herein) to proceed with the departmental proceedings against the respondent No.1/writ petitioner strictly in terms of the Krishna Kanta Handiqui State Open University Empl