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2022 DIGILAW 180 (MAN)

Manipur Technical University v. Mutum Shaymkesho Singh

2022-09-15

M.V.MURALIDARAN

body2022
JUDGMENT 1. All these miscellaneous petitions have been filed by the Manipur Technical University to vacate the interim order dated 7.12.2021 passed in the batch of writ petitions. 2. For ready reference, the relevant portion of the order dated 7.12.2021 passed in the batch of writ petitions is reproduced hereunder: 'In compliance with the order dated 03-12-2021, it has been submitted by Mr. T.Momo, learned counsel appearing for respondent Nos. 2 & 3 that the Manipur Technical University has chosen the second option because of which it is directed that the Manipur Technical University may go ahead with the recruitment process and the result thereof shall not be declared till the next date and the same shall be kept in a sealed cover. List the matters on 25-01-2022 for disposal in the category of admission in view of the urgency involved in the matter. Learned counsel for the parties are directed to complete their pleadings by then. It is open to the learned counsel for the parties to make appropriate prayer before the Court on the next date for passing appropriate orders including the one modifying this order. In case these matters are not listed for one reason or another, it is further open to the learned counsel for the parties to make a prayer before the Hon'ble Chief Justice to get them listed at an early date' [emphasis supplied] 3. The pivotal challenge in the writ petitions is to the advertisement No.03 of 2021, dated 12.8.2021 issued by the Registrar, Manipur Technical University, Imphal, inviting applications for appointment to the post of Vice-Chancellor. The grievance of the petitioners is that the said advertisement runs contrary to the UGC Regulations dated 18.7.2018, more particularly to Regulation 7.3, which provides eligibility criteria for appointment to the post of Vice Chancellor. It is their plea that the advertisement contemplates additional eligibility criteria of experience in Technical Education and/or Academic Administration Organization, which is beyond the mandate of the UGC Regulations dated 18.7.2018. 4. It is their plea that the advertisement contemplates additional eligibility criteria of experience in Technical Education and/or Academic Administration Organization, which is beyond the mandate of the UGC Regulations dated 18.7.2018. 4. According to the writ petitioners, the University proceeded to appoint the third respondent in the writ petitions to the post of Vice Chancellor vide the order dated 8.11.2021, though he is not qualified/eligible for appointment to the said post, as he is only a Selection Grade (SG) Lecturer, which is equivalent to the post of Associate Professor in Government Polytechnic, Takyelpet and, at present, he is working as Deputy Director, Technical Education, Government of Manipur. 5. The writ petitions were heard on various dates and on 7.12.2021, the order quoted above has been passed to the effect that the applicant Manipur Technical University may go ahead with the recruitment process and the result thereof shall not be declared till the next date and the same shall be kept in a sealed cover. 6. In such backdrop, the present applications have been filed by the Manipur Technical University raising a plea that by virtue of the order dated 7.12.2021, the recruitment process has been stalled and despite the recruitment process of 32 posts of Assistant Professors as per the advertisement dated 8.2.2021 and 2.7.2021 having been completed by 28.3.2022, the result is not declared till date and the same is kept in a sealed cover. 7. It is the further case of the applicants that the present writ petitions pertain to the appointment of the Vice- Chancellor, who has already been appointed on 8.11.2021 and it is nowhere connected with the recruitment process of 32 posts of Assistant Professors as per the advertisement dated 8.2.2021 and 2.7.2021. It is the specific case of the applicants that the Registrar issued the advertisements dated 8.2.2021 and 2.7.2021 in due compliance of the judgment and order dated 14.1.2021 in W.P. (C) No.401 of 2020. The University is in desperate need of faculties to conduct courses and by virtue of the interim order dated 7.12.2021, the recruitment process is hanging fire. In effect, the prayer of the applicants is to allow these applications and vacate the interim order dated 7.12.2021. 8. The University is in desperate need of faculties to conduct courses and by virtue of the interim order dated 7.12.2021, the recruitment process is hanging fire. In effect, the prayer of the applicants is to allow these applications and vacate the interim order dated 7.12.2021. 8. Per contra, learned counsel for the writ petitioners submits that the University has manipulated the process of recruitment of 32 Assistant Professors against the judgment and order dated 14.1.2021 in W.P. (C) No.401 of 2020, which mandates that the University should make recruitment in consonance with the guidelines of the University Grants Commission. 9. It is the further case of the writ petitioners that the reservation percentage adopted by the University is improper and by virtue of the methodology adopted by the University, ten posts for reserved category have been lost. The University, it is alleged, has not violated the guidelines of the University Grants Commission, but also did not comply with the order of the High Court dated 14.1.2021 in W.P. (C) No.401 of 2020. Therefore, the entire recruitment process should be set aside and fresh recruitment should be directed. 10. Heard learned counsel on either side and perused the documents available on record. 11. At the outset, this court deems it appropriate to refer to the prayer made in the writ petitions, which almost identically seek setting aside of the impugned order dated 8.11.2021, whereby the third respondent was appointed to the post of Vice-Chancellor, Manipur Technical University, in gross violation of the UGC Notification dated 18.7.2018, wherein the eligibility criteria for appointment to the post of Vice-Chancellor is prescribed as ten years' experience as Professor in a University or in a reputed research and/or academic administrative organization. 12. The order dated 8.11.2021 is the order passed by the Chancellor, Manipur Technical University, appointing the third respondent in the writ petition as Vice-Chancellor of the said University for a period of five years from the date on which he enters upon his office or until he attains the age of 70 years, whichever is earlier. 13. For clarity on the issue, this court perused the advertisement dated 12.8.2021. The advertisement stipulates that it is a 'Notification for appointment of Vice-Chancellor'. 13. For clarity on the issue, this court perused the advertisement dated 12.8.2021. The advertisement stipulates that it is a 'Notification for appointment of Vice-Chancellor'. It is beyond any demur that pursuant to the said notification the third respondent in the writ petition has been appointed as Vice Chancellor and there is no stay operating that restrains him from discharging his duties as a Vice-Chancellor. 14. When this stood thus, this Court passed an order on 3.12.2021 as under: 'When these matters are taken up for consideration, it has been submitted by Shri T.Momo, learned counsel appearing for the respondent Nos.2 and 3 that in terms of the options being indicated by this court - the respondent No.3 may not participate in the recruitment process or the Manipur Technical University may go ahead with the recruitment process but the result thereof may not be declared till January, 2022 when these matters will be directed to be listed for final disposal, he has been instructed that the Manipur Technical University is likely to take a decision in that regard in few days and accordingly, he prays that the matter be listed on 7.12.2021.' [emphasis supplied] 15. Thereafter, the order dated 7.12.2021, which is impugned in these applications and quoted hereinabove, has been passed. 16. At the first blush, it is obvious that the order dated 7.12.2021 is in no way connected with the recruitment of the third respondent as Vice Chancellor, but it pertains to the filling up of 32 posts of Assistant Professors as per the advertisement dated 8.2.2021 and 2.7.2021. Therefore, the order dated 7.12.2021 is ex facie beyond the scope of the prayer made in the writ petitions. 17. That apart, in none of the writ petitions the prayer is to stall the recruitment process pertaining to the 32 posts of Assistant Professors as per the advertisement dated 8.2.2021 and 2.7.2021. Therefore, this court finds a prima facie case in favour of the applicants. 18. The challenge to the appointment of the third respondent as Vice Chancellor is the subject-matter of the writ petitions and shall be considered during the final disposal of the writ petitions. 19. This Court finds that the interim order dated 7.12.2021 stalling the recruitment process cannot be sustained, for a University cannot survive and impart quality education without requisite faculty. The challenge to the appointment of the third respondent as Vice Chancellor is the subject-matter of the writ petitions and shall be considered during the final disposal of the writ petitions. 19. This Court finds that the interim order dated 7.12.2021 stalling the recruitment process cannot be sustained, for a University cannot survive and impart quality education without requisite faculty. Ultimately, the services given to the students and their studies suffer as a whole both directly and indirectly. 20. Considering the interest of the students as paramount and being prima facie satisfied that the order dated 7.12.2021 passed in these writ petitions is beyond the scope of the prayer made in the writ petitions and even the interim order sought therein, this court is allowing all these miscellaneous applications with the following directions: i. The interim order dated 7.12.2021 is set aside; and ii. The applicant University is permitted to open the sealed cover and declare the result of the recruitment process of 32 posts of Assistant Professors pursuant to the notifications dated 8.2.2021 and 2.7.2021.