Writ jurisdiction under Article 226 is generally not suitable for resolving disputed questions of fact regarding employment in private unaided institutions; however, courts may intervene on grounds of fairness and equity to ensure the issuance of experience certificates to prevent professional prejudice.

Digitally signed by SHAYNA NAFR KADRI

(Cause-title is taken from Case Information System)

Order on Board

1. The present writ petition is being filed seeking following reliefs:-

“10.1 Hold that the Impugned action on part of the respondent college authority in issuing the impugned missive annexure P/4 (Colly) is Arbitrary, Capricious, Illegal, and Bad in law.

10.2 To issue appropriate writ/order/direction and thereby quash / set aside the impugned missive P/4(Colly), being contrary to law and in sheer contravention of statutory mandate and also Constitution of India.

10.3 Grant any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which may deem fit and proper in the facts and circumstances of the case, including awarding of the cost to the petitioner.”

2. Facts of the case, in a nutshell, are that the petitioner is serving as an Assistant Professor of Psychology with the respondent, Sonkar College, Mungeli. The petitioner was duly appointed in accordance with the applicable statutory provisions and regulatory framework governing recruitment to the post of Assistant Professor. Being fully eligible, the petitioner participated in the recruitment process conducted by the respondent college for appointment to the post of Assistant Professor under the provisions of College Code 28, in terms of the applicable UGC Regulations. Upon due selection, the petitioner was offered appointment by the respondent college. Subsequently, the respondent University issued a communication dated 03.10.2018 to the Principal of Sonkar College, calling for verification of the profiles of duly appointed Assistant Professors/employees appointed under Regulation 28. In compliance thereof, the office of the Principal of Sonkar College furnished the requisite details in the prescribed format. The petitioner continued to discharge her duties at the respondent college with utmost sincerity, integrity and efficiency until the nationwide lockdown was imposed by the Central Government in March 2020 in exercise of powers under the Disaster Management Act, 2005, owing to the outbreak of the COVID-19 pandemic, resulting in closure of educational institutions across the country. Upon relaxation of the lockdown and gradual resumption of normal activities, the petitioner approached the respondent college to resume her duties. However, she was not permitted to join and was orally informed that the college was facing financial constraints due to the COVID-19 pandemic, with an assurance that she would be permitted to resume her services shortly. Despite repeated approaches and continuous efforts made by the petitioner to resume her duties, the assurances given by the respondent college did not materialize. Left with no alternative, the petitioner submitted a complaint before the office of the Collector seeking redressal of her grievance. During the course of correspondence between the Collector’s office and the respondent college, it was revealed that the Principal of Sonkar College had addressed a letter dated 19.05.2023 to the Collector, stating therein that the petitioner had allegedly resigned from the services of the college with effect from 01.04.2020 and that a No Objection Certificate and experience certificate had already been issued to her. The said communication, as supplied to the petitioner by the office of the Collector. The petitioner categorically denies having tendered any resignation. It is submitted that the alleged resignation is fabricated and forged, as on 01.04.2020 a na