Shri Bappa Datta vs The Tripura University
2022 Latest Caselaw 628 Tri

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                    HIGH COURT OF TRIPURA
                       A_G_A_R_T_A_L_A
                       WP(C) No. 639 of 2020
1.   Shri Bappa Datta, son of Saroj Kanti Datta, resident of Matripalli
     (near Agricultural office), Badharghat, P.O. Shiddhi Ashram,
     Agartala, District- West Tripura-799003.

                                                           .....Petitioner
                            -V E R S U S-
1.   The Tripura University, represented by the Registrar,
     Suryamaninagar, Agartala, Tripura-799130.
2.   The Registrar, Tripura University, Suryamaninagar, Agartala,
     Tripura-799130.
                                                 ..... Respondents

WP(C) No. 640 of 2020

1. Shri Utpal Pal, son of Naresh Chandra Pal, resident of Village-

Dharmanagar, P.O. Teliamura, District- West Tripura.

.....Petitioner

-V E R S U S-

1. The Tripura University, represented by the Registrar, Suryamaninagar, Agartala, Tripura-799130.

2. The Registrar, Tripura University, Suryamaninagar, Agartala, Tripura-799130.

..... Respondents WP(C) No. 641 of 2020

1. Shri Suman Das, son of late Lal Mohan Das, resident of Village- West Bank of Jagannath Dighi, Udaipur, P.O. & P.S. R. K. Pur, District- Gomati, Tripura-799003.

.....Petitioner

-V E R S U S-

1. The Tripura University, represented by the Registrar, Suryamaninagar, Agartala, Tripura-799130.

2. The Registrar, Tripura University, Suryamaninagar, Agartala, Tripura-799130.

..... Respondents WP(C) No. 642 of 2020

1. Shri Sandip Roy, son of late Satya Ranjan Roy, resident of East Shibnagar (near Udichi Club), P.O. Agartala College, District: West Tripura-799004.

.....Petitioner

-V E R S U S-

1. The Tripura University, represented by the Registrar, Suryamaninagar, Agartala, Tripura-799130.

2. The Registrar, Tripura University, Suryamaninagar, Agartala, Tripura-799130.

..... Respondents

B_E_F_O_R_E HON'BLE MR. JUSTICE T. AMARNATH GOUD

For Petitioner(s) : Mr. D. K. Biswas, Sr. Advocate.

Mr. G. K. Nama, Advocate.

For Respondent(s)            :   Mr. S. Jamatia, Advocate.
Date of hearing             :    04.07.2022
Date of delivery of
judgment and order          :    05.07.2022
Whether fit for reporting   :    NO


                            JUDGMENT & ORDER

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 post of Assistant Professor.

[6] Ultimately, the petitioners made representation before the authority pointing out the illegalities committed while changing the designation of the petitioners and requested to take appropriate steps to remove the said illegalities. Consequently, the University formed a 5 men committee to deal with the grievance of the petitioners and the committee found fault of the University and recommended for giving back the petitioners' earlier designation. Subsequently, this committee was reconstituted and same decision was taken as earlier. But till date no action has been taken by the University. Hence, this writ petition.

[7] Mr. D. K. Biswas, learned senior counsel assisted by Mr. G. K. Nama, learned counsel appearing for the petitioners has submitted that the meeting held on 13.09.2007 in the chamber of vice Chancellor of the University, it was resolved that fresh appointment to be made for filling up of all vacant posts of lecturers (contractual) sanctioned for professional courses such as BBA, BCA, MCA, MBA, M. Tech in Electrical Engineering, M.Tech in computer science and Engineering. The circular

dated 14.09.2007 by which minutes of the meeting dated 13.09.2007 were published and also the advertisement dated 17.09.2007 has been issued.

[8] Following the said advertisement, the petitioners have applied for the post of Lecturer, Contractual for school of IT & CS under Tripura University and then interview call letter dated 16.11.2007 was issued. Then by memo dated 19.03.2008 the petitioners were appointed as Lecturer in Tripura University. Initially, appointments of the petitioners were for one year.

[9] Thereafter, in 2009 the University decided to advertise its new sanctioned teaching post under plan XI, for its information technology department, and also published a list showing all the appointed contract Teachers as existing faculty members of the proposed new department. In that list the University showed the number of existing teaching staff in the new department i.e. IT is eight requirements of additional teaching staff is six and the teaching staff recommended by the UGC is six. It is pertinent to mention here that in the said list the University showed all eight faculty members of IT & CS department as existing faculty members of IT department. The University showed total strength of faculty member for its new IT department is 14 taking additional six numbers of posts.

[10] He has further argued that the petitioners after joining their services continued till every annual extension. During the period from 2008 to 2012 the petitioners received all services 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. It is necessary to point out here that the petitioners have not been aware as to whether a new department in the name of IT has been created. No such notification has ever been published by the Tripura University declaring the abolishment of its IT& CS department. The

petitioners were allowed to understand that they have been absorbed as faculty member of newly created IT department of the University.

[11] For the first time the University advertised the new sanctioned regular post of Asst. professors for its IT department. The petitioners while in service in the IT& CS department, applied for the above mentioned new sanctioned regular post, but call letter for teaching interview was not issued in their name. Then the petitioners along with other similarly situated contractual lecturers sought for the reason from the authority for not issuing the interview call letter, but no response was given. 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 post of Assistant Professor and this time also no response came forth from the University.

[12] The petitioners joined the service as lecturer on contract basis and the terms and conditions of service remains unchanged till date. In 2015 an urgent meeting of the IQAC of the University was held for discussing the issue of existing appointed contractual Lecturers. The meeting resolved that the petitioners lack 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.

[13] The petitioners made representation before the authority on 14.02.2018 pointing out the illegalities committed while changing the designation of the petitioners and requested to take appropriate steps to remove the said illegalities. Having seen no action on the part of the University the petitioners again represented on 05.11.2018.

[14] He has further averred that prior to conversion of Tripura University from State University to central University eight numbers of posts for contractual lecturers were created by the University and out of said eight posts, the University advertised only one post. Thereafter, in a meeting held on 11.08.2005, the Advisory Committee for the Directorate of Self Financing courses decided to extend some benefits as PPE, LIC 5% yearly increment etc. to the lecturers appointed on contract basis.

[15] Consequent upon representation as mentioned supra, the University notification dated 30.11.2018 informed that the formation of five men committee to deal with the grievance of the petitioners. Then after a threadbare deliberation and analysis of the relevant records, the committee in its meeting dated 04.02.2019 unanimously justified the grievance of the petitioners and recommended for giving back the petitioners earlier designation with suitable salary as per the permissible norms of the University.

[16] Mr. Biswas, learned senior counsel has averred that besides this, the University constituted a committee which was subsequently re- constructed for once again examining the grievance of the petitioners and after considering the relevant documents and holding detailed discussions the committee found several illegalities on the action of the University. Then the committee recommended for cancellation of memorandum dated 02.02.2016 by which posts of the petitioners were re-designated without verifying the UGC norms and even without taking consent of the petitioners. However, the petitioners on their own collected the UGC norms and notification of the AICTE with regard to qualification required for holding the post of Assistant professor and producing the said document, the petitioners requested the University to correct the said illegalities committed towards the petitioners. Besides this, the University

constituted a committee which was subsequently re-constructed for examining the grievance of the petitioners and after consulting the relevant document holding detailed discussions, the committee found several illegalities on the action of the University and till date no action has been taken by the University. In spite of having requisite qualifications the University most illegally did not allow the petitioners to take part in that selection process of new sanctioned regular post of Assistant Professors for its IT department. Hence, this batch of writ petitions must be allowed in its entirety.

[17] Learned counsel for the respondents Mr. Jamatia argued that the petitioners are not entitled for the said regularization as per guidelines of the UGC norms. They have not qualified since the essential qualifications are not fulfilled as per the qualifications criteria mentioned in the UGC guidelines. The petitioners are not qualified for regularization. He further argued that it is not just on the part of the petitioners on one hand to obtain NOC from the University to apply for present position and having joined without any protest challenge the action of the University is against the doctrine of estoppels. Hence, they prayed for dismissal of these petitions. For the purpose of reference, the UGC norms may be reproduced hereinbelow:

"***** 4.4.6.1 Minimum qualifications for appointment of the teaching faculty in university and colleges engineering and technology discipline:

1. Assistant Professor Essential First Class Master's Degree in the appropriate branch of Engineering (Engg.) & Technology (Tech.). ii. Without prejudice to the above the following conditions may be considered desirable.

1. Teaching research industrial and/or professional experience in a reputed organization.

2. Papers presented at Conferences and/or in referred journals.

2. Associate Professor i. Essential:

A Ph. D Degree with first class at Bachelor's or Master's degree in the appropriate branch of Engg. & Tech. and experience of eight years in teaching research and/or industry at the level of lecturer or equivalent grade excluding period spent on obtaining the research degree OR ii. In the event the candidate is from industry and the profession the following shall constitute as essential

1. First Class Master's Degree in the appropriate branch of Engg. & Tech.

2. Significant professional work which can be recognized as equivalent to a Ph. D Degree in appropriate branch of Engg. & Tech. and industrial/professional experience of eight years in a position equivalent to the level of Lecturer.

Provided that the recognition for significant professional shallbe valid only if the same is recommended unanimously by a 3 member committee of Experts appointed by the vice-Chancellor of the University. Without prejudice to the above the following conditions may be considerable desirable.

1. Teaching research industrial and/or professional experience in a reputed organization.

2. Published work such as research papers, patents filed/obtained, books and/or technical reports.

3. Experience of guiding the project work/dissertation of PG/Research students or supervising R&D projects in industry. Professor:

Essential

1.Ah. D Degree with first class at Bachelor's or Master's Degree in the appropriate branch of Engg. & Tech. and experience of ten years in teaching, research and/or industry out of which at least five years at the level of assistant professor reader or equivalent grade. OR In the event the candidate is from industry and the profession, the following shall constitute as essential.

1. First Class Master's Degree in the appropriate Branch of Engg. & Tech.

2. Significant professional work which can be recognized as equivalent toa Ph. D Degree in appropriate branch of Engg. & Tech. and industrial professional experience of ten years, out of which at least five years at a senior level of assistant professor/Reader.

Provided that the recognition for significant professional shall be valid only in the same is recommended unanimously by a 3-member committee of Expert appointed by the Vice- Chancellor of the University. Without prejudice to the above the following conditions may be considered desirable.

1. Teaching research industrial and/or professional experience in a reputed organization.

2. Published work, such as resear4ch papers patents filed/obtained, books and/or technical reports.

3. Experience of guiding the project work/dissertation of PG/Research students supervising R&D projects in industry.

4. Demonstrated leadership in planning and organizing academic research industrial and/or professional activities and *************"

[18] In reply, Mr. Biswas, learned senior counsel appearing for the petitioners has submitted that the recommendation all through made by the committee appointed by the Vice Chancellor. More particularly, on 04.02.2019 and 17.05.2019 they have recommended for consideration of this particular persons in appropriate positions against the appropriate salary. The said recommendations of the committee constituted have been placed before the Vice Chancellor but, not acted upon and this made the petitioners to approach before this Court.

[19] Without expressing any opinion on merits, these writ petitions stands disposed directing the Vice Chancellor to take appropriate steps upon the recommendation made by the committee constituted and the resolution dated 04.02.2019 and 17.05.2019 considering all legitimate demands made by the petitioners and pass appropriate orders in accordance with law. If it is mandatory, the Executive Council may also be sensitized and their decision be taken. This exercise shall be completed within a period of three months from the date of receipt of the copy of this order. The decision taken, shall be communicated to the petitioners by the respondents.

With the above observation, the present writ petitions stands disposed of.

JUDGE

A.Ghosh