Fakira Mohan Nahak S/o Gokula Chandara Nahak v. Tripura University
2017-07-28
S.TALAPATRA
body2017
DigiLaw.ai
JUDGMENT AND ORDER : 1. Heard Mr. P. Majumdar, learned counsel appearing for the petitioner as well as Mr. T. Debbarma, learned counsel appearing on instruction of Mr. P. Dutta, learned counsel for the respondents. 2. The grievance of the petitioner as converged in this writ petition falls within a very short compass. The petitioner appeared for selection for the post of Assistant Professor in the Department of Journalism and Mass Communication in the Tripura University. But after a long lapse of time the outcome of the said selection process has not been published by the Tripura University. Being aggrieved by such inaction, the petitioner has approached this Court after making necessary communication to the Tripura University for apprising him of the outcome of the said selection. It has been urged that the respondents shall be commanded to publish the result of the selection process for appointment of the Assistant Professor in the Department of Journalism and Mass Communication within a time frame as would be laid by this Court. 3. Mr. P. Majumdar, learned counsel appearing for the petitioner has submitted that this is really unfortunate that a Central University is holding back the outcome of the selection process which commenced w.e.f. 22.11.2016, the day when the notification (Annexure-2 to the writ petition) was published. Thereafter, the selection committee interviewed the petitioner on 25.11.2016 but no result has been published. 4. Mr. T. Debarma, learned counsel appearing for the respondents-University has stated that the selection committee made the recommendation in a sealed cover to the Executive Council but the Executive Council did not consider the recommendation of the Selection Committee as no academician representing the OBC community was there in the Selection Committee and the petitioner was from the said community. The Executive Council, therefore, left the sealed envelope unopened. 5. The said selection Committee was constituted following the UGC Regulations on minimum qualifications for appointment of Teachers and other academic staffs in Universities and Colleges and measures for the maintenance of standard in Higher Education 2010. 6. In the said Regulation dated 30.06.2010 under clause 5.1.1(a) 6, it has been provided as under: “5.1.1 Assistant Professor in the University: (a)........... 6.
6. In the said Regulation dated 30.06.2010 under clause 5.1.1(a) 6, it has been provided as under: “5.1.1 Assistant Professor in the University: (a)........... 6. An academician representing SC/ST/OBC/Minority/Women/Differently-abled categories to be nominated by the Vice Chancellor or Acting Vice Chancellor, if any of the candidates representing these categories is the applicant and if any of the above members of the selection committee do not belong to that category.” 7. Finally, the Executive Council has directed the Vice Chancellor to nominate one academician from OBC category and to take fresh interview for selection in the post of Assistant Professor in Journalism and Mass Communication in the Tripura University. 8. Having regard to the facts as narrated above, this Court is of the view that the University-respondents has correctly abandoned the outcome of the selection procedure inasmuch as when the regulation requires the presence of an academician from OBC for purpose of selecting candidate from that community. Since the petitioner is a candidate from the OBC category, the Selection Committee has to be constituted with one member from the said community. As, no such member was there from the said community, there is no infirmity in the action of the respondents. 9. The respondents shall reconvene the Selection Committee after duly constituting the same within a period of six weeks from today and the result shall also be published as expeditiously as possible. 10. In terms of the above, the writ petition is allowed to the extent as indicated above. 11. A copy of this order be furnished to the learned counsel for the parties for doing the needful. There shall be no order as to costs.