Prof Lalit Kumar Jha vs North Eastern Hill University on 1 September, 2015

[Cites 7, Cited by 1]

Meghalaya High Court

Prof Lalit Kumar Jha vs North Eastern Hill University on 1 September, 2015

Bench: T Nandakumar Singh

                                 1




     THE HIGH COURT OF MEGHALAYA

                 WP(C) No. 174 of 2014


     Prof. Lalit Kumar Jha, S/o Shri Krishna Nand Jha,

     Departmental of Environmental Studies,

     North Eastern Hill University (NEHU),

     Shillong-793022, Meghalaya.

                                                       ...Petitioner

                 -VERSUS-

1.   North Eastern Hill University (NEHU),

     Represented by The Registrar,

     Shillong-793022 (Meghalaya).



2.   Chairman, Executive Council, Academic Council and Vice

     Chancellor, NEHU, Shillong-793022 (Meghalaya).



3.   Union of India represented by the Secretary,

     Higher Education, Ministry of Human Resource

     Development (MHRD), Govt. of India,

     Shastri Bhawan, New Delhi-110118.



4.   The Chairman, University Grant Commission (UGC)

     Bahadurshah Zafar Marg, New Delhi-110002.



5.   The Secretary to the Visitor I/C (Central Universities),

     0/o the President of India, Rashtrapati Bhavan,

     New Delhi-110004.



6.   Dr. Leena Srivastva (Visitor Nominee), Executive Director,

     TEERI, Darbari Seth Block, IHC Complex, Lodhi Road

     New Delhi-110003.
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7.    Professor L. S. Bhatt (Rtd.), (Member, Expert Committee,

      HAG, 2013, School of Human and Environmental Studies,

      NEHU), C-5/62, DDA Flats, East of Kailash, New

      Delhi-110065.



8.    Professor V. C. Srivastava, (Rtd.), Former Dean

      (Agriculture), (Member, Expert Committee HAG, 2013,

      School of Human and Environmental Studies, NEHU),

      H-80 (Riverside), Argora Housing Colony,

      Ranchi-834002 , (Jharkhand).



9.    Professor B. K. Medhi (Member, Expert Committee HAG,

      2013, School of Human and Environmental Studies, NEHU)

      Professor of Anthropology, Dept. of Anthropology, Gauhati

      University, Guwahati-781014 (Assam).



10.   Prof P. Shukla, Professor of Physics, Department of Physics

      (presently Acting Vice-Chancellor, NEHU), North Eastern

      Hill University, Shillong-793022 (Meghalaya).



11.   Professor A. N. Rai, Prof. of Biochemistry, Department of

      Biochemistry, NEHU ; (Former Vice-Chancellor, NEHU),

      Present address : Director, National Assessment and

      Accreditation Council, (NAAC), Nagarbhavi,

      Bangalore - 560072, Karnataka.



12.   Prof. P. Tandon, Professor of Botany, Department of

      Botany, North Eastern Hill University,

      Shillong-793022, (Meghalaya).



13.   Prof S. K. Mishra, Professor of Economics, Department of

      Economics, North Eastern Hill University,
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      Shillong-793022, (Meghalaya).



14.   Prof. A. C. Mohapatra, Professor of Geography,

      Department of Geography, North Eastern Hill University,

      Shillong-793022 (Meghalaya).



15.   Prof. P. N. Pandita, Professor of Physics, Department of

      Physics, North Eastern Hill University,

      Shillong-793022, (Meghalaya).

                                                   ....Respondents

AND WP(C). No.62/2013

1. Prof. Lalit Kumar Jha, S/o Shri Krishnanand Jha, Department of Environmental Studies, North Eastern Hill University (NEHU), Shillong - 793 022, Meghalaya.

.... Petitioner

-Versus-

1. North Eastern Hill University (NEHU), represented by The Chairman, Executive Council & Vice-Chancellor, Shillong - 793 022 (Meghalaya).

2. Union of India represented by The Secretary, Higher Education, Ministry of Human Resource Development (MHRD), Government of India, Shastri Bhawan, New Delhi - 110118. 4

3. The Chairman, University Grant Commission (UGC) Bahadurshah Zafar Marg, New Delhi - 110002.

4. The Secretary I/c (Central Universities) Visitor, O/o the President of India, Rashtrapati Bhavan, New Delhi - 110004.

5. The Visitor Nominee (Nominated by MHRD, GOI for Expert Committee constituted for HAG, 2013, School of Human and Environment Sciences, NEHU, Shillong) C/o The Secretary, Department of Higher Education, Ministry of Human Resource Development (MHRD) Government of India, Shastri Bhavan, New Delhi -110004.

6. Professor L.S.Bhat (Rtd.) (Member, Expert Committee, HAG, 2013, School of Human and Environmental Studies, NEHU), C-5/62, DDA Flats, East of Kailash, New Delhi - 110065.

7. Professor V.C. Srivastava, Former Dean (Agriculture), (Member, Expert Committee HAG, 2013, School of Human and Environmental Studies, NEHU), H-80 (Riverside), Argora Housing Colony, Ranchi - 834002 (Jharkhand).

8. Professor R.K.Barua, (Member, Expert Committee HAG, 2013, School of Human and Environmental Studies, NEHU), Professor of Anthropology, Dept. of Anthropology, Gauhati University, Guwahati- 781014(Assam).

....Respondents 5

9. Dr. N.K.Sinha, Member Executive Council (Retd), NEHU, resident of Bortila, Borbari, Guwahati-781036, (Assam) ....Proforma Respondent (Respondent Nos: 10 to 16 have been impleaded vide order Dated 22/08/2013 passed by the Hon‟ble High Court)

10. Prof. A.N.Rai, Department of Biochemistry, NEHU, Ex-Vice-Chancellor, North Eastern Hill University, Shillong-793022/ presently, Director, National Assessment and Accreditation Council (NAAC) P.O. Box. No. 1075, Nagarbhavi, Bangalore - 560072.

11. Prof. Pramod Tandon, Dept. of Botany, NEHU, NEHU Campus, Shillong - 793022.

12. Prof. A.C.Mohapatra, Dept. of Geography, NEHU, NEHU Campus, Shillong - 793022.

13. Prof. S.K. Mishra, Dept. of Economics, NEHU, NEHU Campus, Shillong - 793022.

14. Prof. P.Shukla, Dept. of Physics, presently working as acting Vice Chancellor of NEHU, NEHU Campus, Shillong - 793022.

15. Prof. P. Pandita, Dept. of Physics, NEHU, NEHU Campus, Shillong - 793022.

16. Prof B.K.Medhi (Member, Expert Committee HAG, 2013, School of Human and Environmental Studies, NEHU) 6 Professor of Anthropology, Dept. of Anthropology, Gauhati University, Guwahati - 781014 (Assam).

....Respondents BEFORE THE HON'BLE MR JUSTICE T NANDAKUMAR SINGH For the petitioner : Mr. S.P.Sharma Adv.

Mr. B.K.Deb Roy, Adv For the respondents : Mr. K.Khan, Adv.

Mr. S.C.Shyam, Sr.Adv.

Mr. K.P.Bhattacharjee, Adv.

Mr. S.A.Shiekh, Adv.

Date of hearing         :     14-07-2015

Date of Judgment        :     01-09-2015




                   JUDGMENT AND ORDER

These two writ petitions filed by the same writ petitioner basing on the same fact for the same subject matter against the same respondents were jointly heard for being disposed of by a common judgment and order. In order to avoid repetition of facts, for convenience, the fact of the case leading to the filing of the WP(C) No. 174/2014 is briefly noted.

2. Heard Mr. S.P.Sharma, learned counsel appearing for the petitioner and also Mr. K.Khan, learned counsel appearing for the respondent-university. The relief sought for in WP(C) No. 174/2014 read as follows:

"That the instant Petition has been filed bonafide for the ends of justice.

In the premises and circumstances stated herein above, it is most humbly prayed that your Lordship would graciously be pleased to:-

i) Admit this Writ Petition;

ii) Call for the Records;

iii) Issue Rule calling upon the Respondents to Show cause or Causes as to why a writ in the nature of Mandamus or any other appropriate writ of the like nature be not issued quashing and setting aside 6(Six) Nos. of Promotions of the non-eligible Professors so far effected without following the provisions of law and prescribed procedure as laid down under the UGC Regulation 2010 pursuant to Executive Council meeting held on 17th December 2012 and on 28th March 2013;

AND

iv) After cause or causes being shown and after hearing the parties your Lordship would further be pleased to Quash and set aside all the promotion of six non eligible Professors from stage 5 to stage 6 (HAG) which were illegally approved vide E.C. Resolution dated 17th December 2012 and 28th March 2013 ;

v) Pass necessary further order promoting the Petitioner with effect from 31/12/2008 and restoring his seniority whose candidature had been fraudulently rejected to favour junior Professors viz.: Respondent No. 13, 14, &

15.

vi) Issue direction for payment of cost and compensation to the humble Petitioner for mental harassment and loss of prestige in the academic fraternity caused to the petitioner due to fraudulent act of Respondent No: 1 & Respondent No: 11 as due and as may be admissible, AND/OR Pass such other order or orders as may be deem fit and proper by this Hon'ble High Court and for which act of your kindness the Petitioner shall remain ever grateful." The relief sought for in WP(C) No. 62/2013 read as follows: 8

"That the instant Petition has been filed bonafide for the ends of justice.

In the premises and circumstances stated herein above, it is most humbly prayed that your lordship would graciously be pleased to:-

i) Admit this Writ Petition;

ii) Call for the Records;

iii) Issue Rule calling upon the Respondents to Show cause or Causes as to why a writ in the nature of Mandamus or any other appropriate writ of the like nature be not issued, staying all the Promotions of the Professors from Stage 5 to Stage 6 (HAG) initially which are due to be approved on 28th March 2013 and/or subsequently thereafter including the cases which are already approved vide E. C. Resolution No : EC. 153:

2012: 6: 1 dated 17th December 2012 (Annexure-Xl);

iv) Quash/set aside all the promotion of the Professors from stage 5 to stage 6 (HAG) which are already approved vide E. C. Resolution No: EC. 153 : 2012 : 6 :

1 dated 17th December 2012 (Annexure-) and due to be approved in the ensuing meeting of the Executive Council to be held on 28th March 2013;

v) Issue Directions for examination of the confirmation of the EC Resolution No: EC. 153: 2012: 6: 1 dated 17th December 2012(Annexure-);

vi) Issue directions to the Respondent No: 2, 3 & 4 for filing their affidavit along with their observations and report in the matter;

vii) Issue directions to the Respondent No: 2 & 3 for constitution of the Expert Committee for de-novo selection procedure for promotion for stage 5 to Stage 6 (HAG)

viii) Issue further directions for ensuring the fresh selection pursuant to the seniority List of the University and for removing other anomalies and protection of the interest of the Petitioner for promotion; and

ix) Issue the direction for payment of cost and compensation to the humble Petitioner and payment as due and as may be admissible;

AND/OR Pass such other order or orders as may be deem fit and proper by this Hon'ble High Court and for which act of your kindness the Petitioner shall remain ever grateful."

3. It is stated in WP(C) No. 174/2014 that the respondent No. 10 (Prof. of Physics) and respondent No. 11 (Prof. of Biochemistry) had been irregularly promoted to the professorship of HAG (Higher Academic Grade) without obtaining the required API (Academic Performance Indicator) Score in Category III (Self Assessment) in utter violation of UGC Regulation, 2010. The respondent Nos. 10, 11 and 12 were assessed by the experts of other subjects. The respondent No. 13 (Prof. of Economics, Department of Economics) who is one year, one month and twelve days junior to the writ petitioner had been promoted to the professorship of HAG without obtaining API score in Category III (Self Assessment), in flagrant violation of UGC Regulation 2010. Respondent No. 14 (Prof. in Department of Geography) who is one year, one month and twelve days junior to the writ petitioner had been promoted to the professorship of HAG in utter violation of the provisions of UGC Regulation 2010. It is also further alleged that the respondent No. 15 (Prof. of Physics) who is eight years, one month and twenty six days junior to the writ petitioner was promoted to the professorship of HAG in utter violation of the UGC Regulation 2010.

4. It is also the further case of the petitioner that a junior professor cannot supersede a senior professor who fulfills all the criteria of eligibility as per UGC Regulation 2010 while promoting 10 to the professorship of HAG (Stage-6) and Clause 6.4.10 states "....selection should be conducted by the university by receiving duly filled PBAS (Performance Based Appraisal System) proformas from eligible Professors based on seniority." The petitioner had joined as a Professor of Forestry in the Department of Forestry, School of Environment Sciences, NEHU on 8th August, 1990 at the then Mizoram Campus, NEHU, Aizawl and he was selected against the sanctioned post under open category as professor and his appointment was duly confirmed by the University. Subsequently, NEHU, Mizoram was granted status of a Central University and consequent upon exercise of option all the faculties who opted for Parent University were considered to be on deputation in Mizoram University till final posting in NEHU.

5. Petitioner was transferred from erstwhile NEHU, Mizoram Campus i.e. Mizoram University and temporarily attached to Department of Rural Development and Agril. Production (RDAP) School of Human Environment Sciences, NEHU and vide letter No.F.17.119/ESTT II/90-6524 dated 5th January, 2004 joined Department of RDAP, NEHU Tura on 23-01-2004. Subsequently, petitioner was temporarily attached to NEHU and was finally posted in Centre for Environment (Now Department of Environmental Studies) with effect from 27-02-2006 against a sanctioned post of Professor. The Executive Council transferred/reallocated one sanctioned post of Professor from other department of NEHU to post the petitioner in Department of Environmental Studies and was 4th senior most Professor before the introduction of HAG, where he was superseded by three juniors.

6. On adoption of UGC Regulation 2010, the respondent No.1 (NEHU) issued a Notification No. F.5-1/Estt (B)/2011-224 dated 18th November, 2011 that UGC Regulation 2010 as adopted by NEHU states that "Ten percent of the Professors in the University, with a minimum of ten years of teaching and research experience as professor shall be eligible for promotion to the Higher Grade of Professorship (Stage-6), on satisfying the required API (Academic Performance Indicator) score as per Annexure I and II through the Performance Based Appraisal System (PBAS) methodology by a duly constituted Expert Committee and such teachers promoted to the higher grade shall continue to be designated as „Professor‟.

7. From the pleading of the petitioner, it is clear to the petitioner that for promotion to a higher grade of professor (Stage

6), the duly constituted Expert Committee has to assess the required API score of the professor through PBAS methodology and on the basis of the finding/opinion of the duly Expert Committee, the professors are to be promoted to the higher grade of professorship (Stage 6). The respondent No. 1 (University) vide letter No. F.5.1/Estt-II (B)/2011-2084 dated 23rd July, 2012 had circulated the vacancy/vacancies under HAG (Stage 6) in each School, of 9 vacancies in the University, interalia, one in the petitioner‟s School i.e. Humanities and Environment Sciences and two each in the School of Life Sciences and Physical Sciences, one in the Management and Information Sciences. A copy of the said letter dated 23rd July, 2012 is annexed as Annexure-V to the writ petitioner (i.e. WP(C) No. 174/2014). For convenience the said letter dated 23rd July, 2012 is quoted hereunder: 12

"North-Eastern Hill University NEHU Campus, Shillong - 793022 (Meghalaya) F.5-1/Estt-II (B)/2011-2084 Dated the 23rd July, 2012 To, All Heads of Academic Departments/ Centres of Studies, NEHU, Shillong/Tura Campus, Tura.

Madam/Sir, In continuation to the guidelines on Career Advancement Scheme forwarded vide letter of even No. 224 dated 18th November 2011, further procedure to be followed for promotion from stage 3 to 4, 4 to 5 and 5 to 6 may kindly be seen at Annexure - „A‟.

It may kindly be noted that the teachers who are eligible for promotion from stage 3 to 4, 4 to 5 and 5 to 6 may submit their application through the Dean of School/Head of the Department, as the case may be, within 10th August, 2012 to the undersigned. The teachers who have already submitted their application need not submit again.

This may kindly be brought to the notice of all concerned.

Yours faithfully Sd/-

(T.K. Singha) Deputy Registrar Estt-II Procedures/ Criteria to be followed for HAG

1. Distribution of HAG vacancies.

School Total number No. of post(s) No. of of Professor in earmarked for Professors can position HAG apply for HAG in order of seniority in the School Life Sciences 22 2 6 Humanities 12 1 3 Social Sciences 12 1 3 13 Human and 12 1 3 Environmental Sciences Physical 17 2 6 Sciences Education 9 1 3 Economics 9 1 3 Management & Information Sciences Technology 1 0 0

2. In order to verify that the applicant meets the minimum eligibility criteria for HAG, as per norms there shall be preliminary screening of applications. The applications shall be screened by a Committee (school wise) comprising of the following:

Life Sciences: 1. Prof. S.K. Mishra, Director, IQAC

2. Dean of School concerned NOTE: If the Dean is an applicant, a professor from the School (based on the seniority) who is not an applicant for HAG shall be the member.

Humanities: 1. Prof. S.K. Mishra, Director, IQAC