Tripura High Court
Central Agricultural University vs Dr. Vinodakumar Somashing Naik on 30 July, 2024
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
WA No.79 of 2024
1. Central Agricultural University, Imphal, Manipur, Pin-795004.
2. Vice Chancellor, Central Agricultural University, Imphal, Manipur, Pin-
795004.
3. The Dean, College of Fisheries, Central Agricultural University, Lenbucherra,
Tripura.
(The appellant Nos. 1 & 2 are represented by appellant No.3)
....... Appellant(s)
VERSUS
1. Dr. Vinodakumar Somashing Naik, son of Sri S.N. Naik, permenant resident
of 24A, Hullur LT Muddebihal Taluk, Vijayapur District, Pin-586213,
Karnataka.
Present address: Quarter No.12, Type-III, 2nd Floor, Agriculture College Quarter
Complex, Opposite of Vivekananda Boys' Hostel, Lembucherra, P.S. Lefunga,
Tripura West, Pin-799210.
...... Respondent(s)
2. The Union of India, represented by the Secretary, to the Department of
Agriculture (DARE), Krishi Bhawan, New Delhi-110001.
...... Proforma-Respondent(s)
For Appellant(s) : Mr. B. Majumder, Deputy SGI,
Mr. S. Lodh, Advocate.
For Respondent(s) : Mr. D. Bhattacharya, Sr. Advocate,
Mr. Samar Das, Advocate.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
HON'BLE MR. JUSTICE S. D. PURKAYASTHA
_O_R_D_E_R_
30/07/2024
The writ petition was preferred with the following prayer:
i. Admit this petition
ii. Issue notice upon the Respondents.
iii. Call for the records relating to the subject matter of this case.
iv. After hearing the parties be pleased to set aside/ Quash letter
No.CAU/Reg/2641/2020; dated 13.06.2024 (Annexure-7) to the writ
petition.
v. Directing the respondents and each of them to transmit the application of
the petitioner for the post of Associate Professor to the University of
Agricultural Sciences, Bangalore within 02.06.2024.
[2] The learned writ Court upon hearing the parties directed the
respondents who are appellants and proforma-respondent No.2 herein to issue
'No-objection Certificate' in favour of the petitioner/respondent No.1 herein to
make him eligible for submitting application for appointment to the post of
Associate Professor. It was, however, made clear that the petitioner/respondent
No.1 herein may not be relieved of his present posting as Assistant Professor
under the respondents before completion of 5 years. Therefore, being aggrieved,
the Central Agricultural University, Imphal has preferred this appeal. Vide order
dated 08.07.2024, notice was issued upon the writ petitioner-respondent No.1 and
interim order was passed in favour of the appellant-Central Agricultural
University.
[3] Learned counsel for the appellant had taken a preliminary objection
to the maintainability of the writ petition, at the first instance, before this Court in
view of the notification dated 25.10.2007 issued by the Ministry of Personnel,
Public Grievances and Pensions (Department of Personnel and Training)
whereunder the Central Agricultural University, Imphal has been declared to be
an organization covered under Section 14(3) of the Central Administrative
Tribunals Act, 1985.
[4] Today, Mr. D. Bhattacharya, learned senior counsel for the writ
petitioner on instructions seeks liberty to withdraw the writ petition in order to
move before the appropriate forum i.e. the learned Central Administrative
Tribunal having jurisdiction over the subject matter.
[5] Learned counsel for the appellants does not have any objection to
the prayer.
[6] In view of the request made, the writ petition is dismissed as
withdrawn. The impugned judgment is, accordingly, set aside. The petitioner is at
liberty to move the learned Central Administrative Tribunal having jurisdiction
over the subject matter in accordance with law.
[7] Accordingly, the instant petition is disposed of. Pending
application(s), if any, also stands disposed of.
(S. D. PURKAYASTHA), J (APARESH KUMAR SINGH), CJ
Munna S MUNNA SAHA Date:
2024.07.31 15:41:43 +05'30'
