GURU GHASIDAS VISHWAVIDYALAY Vs. DEEPAK KUMAR RATHORE

JUDGEMENT

(1.) In this writ appeal, challenge is levied to the order dated 19-7-2017 passed by learned Single Judge in WPS No. 3159/2017 whereby and whereunder he has allowed the writ petition.

(2.) It is admitted by the present appellant that the respondent is the Assistant Professor (Electronics and Communication Engineering). Resolution of the Committee dated 17-12-2014 was approved by the Executive Council on 27-3-2015. As per the resolution, the recommendations were subject to review after two years. Collective papers in this regard are Annexure P-3. For the promotion from the post of Assistant Professor to Associate Professor or Professor, Ph.D. is a mandatory requirement. On the application of the respondent, the Registrar (Acting) had given No Objection Certificate to him for Ph.D. for the session - 2016-2017 vide letter dated 13-6-2016 (Annexure P-5). The respondent did not proceed for pursuing Ph.D. for the session 2016-2017. The Registrar (Acting) on 28-4-2017, vide Annexure P-7, sanctioned two years' study leave from 18-7-2017 for Ph.D. in Indian Institute of Technology, Guwahati. On 28-4-2017 the sponsoring authority Registrar (Acting) vide Annexure P-8 wrote the Director, Indian Institute of Technology, Guwahati that they are sponsoring the candidature of the respondent for Ph.D. Programme. The respondent is claiming for study leave for session 2017-2018. On 14-7-2017 vide Annexure P-1, the Registrar (Acting) issued order that the recommendations of the Committee were to be reviewed after two years from 27-3-2015 but as the review is pending, all the NOC/ orders regarding study leave sanctioned after 15-4-2017 are cancelled with immediate effect.

(3.) In brief, respondent's case is that on 15-12-2016 by Annexure P- 6, the Academic Registrar, IIT Guwahati sent information to him that he has been selected for the academic session - January, 2017 - May, 2017 for Ph.D. Programme in the department of Electronics and Electrical Engineering. After sponsorship letter Ex. P-8, he sent e-mail on 28-4-2017 vide Annexure P-9 to the Dean, Academic Affairs of IIT Guwahati that his candidature may be considered from the session- July 2017 instead of January, 2017. It was allowed on 15-6-2017 vide Annexure P-10. Subsequently, with malafide intention, the order Annexure P-1 has been issued. The sanctioned study leave has been cancelled. The appellant failed to review the recommendations and there is no fault on the part of the respondent.