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IN THE HIGH COURT OF ORISSA, CUTTACK
B.R. Sarangi, J.
Subas Chandra Parija - Appellant
Versus
Odisha University Of Agriculture And Technology & Ors. - Respondents
W.P. (C) No. 7084 of 2019, 10625 of 2019
Decided On : 27-04-2021
Warning - Appointment of Dean - [The Orissa University of Agriculture and Technology Act, 1965] - [2, 33, 34, 112] - The court considered the case of the petitioner, who was given a warning for unauthorized absence from duty, and subsequently promoted to the post of Professor. The court held that the warning had been condoned by the authority by giving him promotion to the higher post, and therefore, non-consideration of his case for appointment as interim Dean or regular Dean cannot sustain in the eye of law. The court also quashed the appointment of the interim Dean and the circular for recruitment of regular Dean, directing the University to issue a fresh advertisement to fill up the post of regular Dean.
Fact of the Case:
The petitioner, a Senior Professor, sought to quash the appointment of the interim Dean and the circular for recruitment of regular Dean, citing his international fellowship and subsequent promotion as grounds for consideration.
Finding of the Court:
The court found that the warning given to the petitioner had been condoned by his promotion to the post of Professor, and therefore, non-consideration of his case for appointment as interim Dean or regular Dean cannot sustain in the eye of law. The court also quashed the appointment of the interim Dean and the circular for recruitment of regular Dean, directing the University to issue a fresh advertisement to fill up the post of regular Dean.
Issues: The issues considered by the court were whether the petitioner can be denied to remain in charge of Dean because of the warning given for unauthorized absence from duty as a measure of punishment, if the petitioner was given promotion to the post of Professor, can he be denied for such promotion by the authority, and whether putting of embargo of holding administrative post is in conformity with the provisions of law or not.
Ratio Decidendi: The warning given to the petitioner had been condoned by his promotion to the post of Professor, and therefore, non-consideration of his case for appointment as interim Dean or regular Dean cannot sustain in the eye of law. The circular for recruitment of regular Dean, by putting a condition that the candidates should furnish, holding administrative posts with supporting documents, cannot sustain and is contrary to the provisions of law.
Final Decision: The court allowed the writ petitions, quashed the appointment of the interim Dean and the circular for recruitment of regular Dean, and directed the University to issue a fresh advertisement to fill up the post of regular Dean.
JUDGMENT
B.R. Sarangi, J. - Subash Chandra Parija, a Senior Professor and Head of Department of Pharmacology & Toxicology, College of Veterinary Science and Animal Husbandry, Odisha University of Agriculture and Technology, Bhubaneswar, is the petitioner in both the above noted writ petitions.
By means of W.P.(C) No. 7084 of 2019, he seeks to quash the office order dated 07.03.2019 in Annexure-6; by which, in pursuance of letter dated 06.03.2019 of the Special Secretary to Chancellor, Raj Bhavan, Bhubaneswar, the opposite party no.5- Prof (Dr.) Lakshman Kumar Babu, Professor and Head, Department of Livestock Production and Management College of Veterinary Science and Animal Husbandry, Odisha University of Agriculture and Technology, Bhubaneswar was directed to remain in-charge of interim Dean of College of Veterinary Science and Animal Husbandry, Odisha University of Agriculture and Technology, Bhubaneswar in place of Dr. Pravat Kumar Roul; and consequential letter dated 08.03.2019 under Annexure-7, by which the opposite party no.5 assumed the charge of interim Dean of the College in question. Whereas, by way of W.P.(C) No. 10625 of 2019, he seeks to quash Annexure-8, the circular dated 11.06.2019 issued by the Orissa University of Agriculture & Technology inviting applications from amongst the Professors and persons of equivalent rank of the University for the post of Dean, Faculty of Veterinary Science & Animal Husbandry, Odisha University of Agriculture and Technology, Bhubaneswar, as per which the candidates should furnish, holding administrative posts with the supporting documents. Since both the writ petitions are analogous to each other, they are heard together and disposed of by this common judgment which will govern in both the cases.
2. The factual matrix, which lead to filing of above mentioned two writ petitions, in a nutshell is that the petitioner, having cleared Master Degree in Veterinary Science in Pharmacology and Toxicology from Indian Veterinary Research Institute, ICAR, Bareilly, Uttar Pradesh on 19.12.1989, was appointed, by following due procedure of selection, as Lecturer in the College of Veterinary Science and Animal Husbandry, Odisha University of Agriculture and Technology (OUAT), Bhubaneswar, vide office order dated 22.03.1990, pursuant to which he joined on 23.03.1990. He continued as such till 30.12.1999. Thereafter, he got promotion to the post of Associate Professor and joined on 31.12.1999. Subsequently, on receiving foreign fellowship and research exposure, he went for higher study for the period 2001-2003. After completion of such study, he joined in the OUAT and resumed his duty and continued till 30.12.2007. Thereafter, on 31.12.2007, he got promotion to the post of Professor on Career Advancement Scheme (CAS), as he had completed 8 years as Associate Professor. Since then, he has been remaining in charge of Head of Department of Pharmacology & Toxicology, College of Veterinary Science and Animal Husbandry of OUAT, Bhubaneswar.
2.1 The petitioner has got to his credit research and teaching experience of 29 years and three months from 23.03.1990. As Professor, he has acquired experience of 11 years and 6 months w.e.f. 31.12.2007. He has also got administrative experience of 11 years and 6 months as Head of Department from 31.12.2007. As such, he has rendered three numbers of funded projects, three numbers of students have undergone Ph.D under his guidance as major advisor, he has also guided 14 numbers of PG students as major advisor and he has 31 numbers of publications with international impact factor. The cumulative effect of above bio-data would indicate that the petitioner had better career, as he got research publications, which had been published in international journals.
2.2. On 04.08.2018, the Principal Secretary to Chancellor issued a letter to the Vice Chancellor, OUAT, Bhubaneswar stating the requisite qualification, career records, international publications and administrative pr
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