Tripura University & Ors vs Sri. Anindya Sarkar & Anr
2024 Latest Caselaw 986 Tri

Tripura High Court

Tripura University & Ors vs Sri. Anindya Sarkar & Anr on 25 June, 2024

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                     HIGH COURT OF TRIPURA
                           AGARTALA

                             WA No.58 of 2024

Tripura University & Ors.
                                                          ...... Appellant(s)

                                      VERSUS

Sri. Anindya Sarkar & Anr.
                                                        ...... Respondent(s)

For Appellant(s) : Mr. D Bhattacharya, Sr. Adv.

Mr. S Saha, Adv.

For Respondent(s)        :      None.

                                 BEFORE

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA

Order 25.06.2024

By the impugned judgment, the learned Single Judge has

directed the appellant-University to accept the joining report of the

petitioner and allow him to resume his normal duties and function as

Assistant Professor of the University.

The background of the matter is that the writ petitioner chose

to proceed on study leave to undertake Ph.D degree. UGC

Regulations provide the conditions under which Ph.D course is to be

pursued in terms of Regulations, 2018 and also Regulations, 2022.

Petitioner after completion of eighteen months of his study leave

w.e.f. 11th August, 2022 to 8th February, 2024 came back to join

without completing his Ph.D course.

Regulation 4 of Regulations, 2022 provides the duration of the

programme which is a minimum of three years including course work

and a maximum of six years from the date of admission in the Ph.D

course. His joining on 13th February, 2024 was, however, recalled by

the Competent Authority as he had failed to submit the proof of

conclusion of work leading to the award of Ph.D Degree.

Learned Single Judge after consideration of the relevant

Regulations and the pleadings of the parties did not approve the

approach of the University in refusing the petitioner to allow to join,

being arbitrary.

Learned Sr. counsel for the appellant-University submits that

the petitioner through his representation dated 04th March, 2024

insists upon completing the remaining part of the Ph.D course on

part-time basis. Such a change in the mode of study is not permitted

under the UGC Regulations without permission of the University.

Issue notice on the writ petitioner. Let notice be served upon

the writ petitioner through Dasti service, for which requisites be filed

by Friday next (28.06.2024).

Copy of the Dasti notice be served upon the learned counsel for

the appellant by 5th July, 2024. After effecting service of notice by

Dasti, affidavit in support thereof be filed within two weeks

thereafter.

Let the matter be listed on 23rd July, 2024.

In the meanwhile, no coercive steps be taken against the

appellants pursuant to the impugned judgment.

(S. DATTA PURKAYASTHA) J (APARESH KUMAR SINGH) CJ

SATABDI DUTTA Digitally signed by SATABDI DUTTA Date: 2024.06.26 16:11:43 +05'30' Satabdi