HIGH COURT OF TRIPURA AGARTALA
T. Amarnath Goud, J.
Bappa Datta & Ors. - Appellants
Versus
Tripura University, Represented By The Registrar & Ors. - Respondents
WP(C) Nos. 639-642 of 2020
Decided On : 05-07-2022
| Table of Content |
|---|
| 1. appointment issues and university policies. (Para 2 , 3 , 4 , 5 , 6) |
| 2. petitioners' rights and qualifications. (Para 7 , 8 , 10 , 12 , 14) |
| 3. counterarguments by respondents. (Para 17) |
| 4. committee recommendations unaddressed. (Para 18) |
| 5. court's directive for action. (Para 19) |
JUDGMENT
1. Heard Mr. D. K. Biswas, learned senior counsel assisted by Mr. G. K. Nama, learned counsel appearing for the petitioners. Also heard Mr. S. Jamatia, learned counsel appearing for the respondents.
2. All these petitions are consolidated for disposal by a common judgment inasmuch as the controversy is structured on facts which resemble. The cases of the petitioners are that the petitioner were appointed as Lecturer (contractual) in the Tripura University for its School of IT & CS (Information Technology & Computer Science) department under DFSC (Directorate of self Finance course). Though initially appointment of the petitioner was for one year, but it has been extended annually from time to time and till date he is in service. The university prior to becoming central University, extends some benefits such PPE, LIC, 5% yearly increment etc. to other similarly situated contractual Lecturers. Subsequently, one of the petitioners was required to sign a MOU to avail the said benefits which he did and said benefits were given to him. But, these benefits were not given to the petitioner. Later in 2011 the University withdrew the said benefits ignoring the Tripura University Act, 2006. The Act of 2006 says that 'all rights and liabilities of the Tripura University shall be transferred to and be the right and liabilities of the University.'
3. In 2009, the University decided to advertise for new sanctioned teaching post for its IT Department and also published a list showing the entire appointed contract Teachers as existing faculty members of the proposed new IT Department. In fact the University acknowledged the inclusion of all eight faculty members of IT & CS department in the department of IT. The petitioner joined the service in 2008 for school of IT & CS Department of the Tripura University and continued the same till 2015 by extension. During the period from 2005 to 2012 the petitioners received all service related letters from his authority in the name of IT & CS department. From 2013 the petitioners used to receive their services related letters from the authority in the name of IT department. No such notification has ever been published by the TU declaring the abolishment of its IT& CS department or creating of new IT department.
4. In 2010 for the first time the University advertised the new sanctioned regular post of Asst. Professors for its IT department. The petitioner, while in service in the IT & CS department, applied for the above mentioned new sanctioned regular post, but interview call letter was not issued to him. Then representation was given seeking reason for not issuing interview call letter, but not response came forth. At last the petitioners addressed a letter on 04.02.2010 requesting the authority for considering their case with regard to issuance of interview call letter for new sanctioned regular posts of Assistant Professor. Thereafter, in 2015, in a meeting of IQAC (Internal Assurance Cell) of the University it was resolved that the petitioner lacks requisite qualification required for holding the post of Assistant Professor. Consequently by memorandum dated 02.02.2016, the University changed the designation of petitioners as System- Analyst from the post of Lecturer, Unilaterally.
5. In such a situation the petitioners collected information through RTI from the AICTE (All India Council for Technical Education) and also from the UGC with regard to qualification required for holding the post of Assistant Professor for BCA/MCA course. Report of UGC says that UGC has not prescribed any minimum qualification for the said post. But as per AICTE notification dated 05.03.2010 the petitioners were eligible for the
AI
The court directed the university to restore the previous designations and benefits of the petitioners, emphasizing adherence to committee recommendations and fair treatment of contractual employees.
Removal from service – A person appointed after undergoing a regular selection process and possessing relevant qualifications, cannot be abruptly removed from service.
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....
Appointment – Parameters to be applied to a case where an incumbent to a post does not fulfil qualifications prescribed for a post, are different from parameters to be applied to a case where no spec....
The Selection Committee cannot alter the essential qualifications for a position once the selection process has commenced, and the Chancellor has the authority to terminate appointments that do not c....
Service -Having all qualifications required for recruitment of Assistant Professors – If a person is put to officiate on a higher post with greater responsibilities, he is normally entitled to salary....
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