STATE OF TRIPURA Vs. PARTHA SARATHI DATTA

JUDGEMENT

(1.) This appeal is filed by the State Government to challenge a judgment of the learned Single Judge dated 11th May, 2020 passed in WP(C) No.197/2016.

(2.) The writ petition was filed by the respondent No.1 seeking regularization on the post of Assistant Professor of Pharmacology in the Regional Institute of Pharmaceutical Sciences and Technology. His case was that the said institute was upgraded to a degree institute in the year 1997. At that time there was acute shortage of teaching staff. The Government, therefore, decided to create some positions of part-time lecturers. The petitioner was appointed as a Part-time Lecturer in the year 2000, for a period of 6 months, subject to maximum 50 classes per month. Thereafter, the appointment of the petitioner has continued from time to time and the administration had issued extension orders. The petitioner has continuously served the said organization without any break in service.

(3.) The petition was resisted by the respondents. It was contended that the post of Lecturer is renamed as Assistant Professor. TPSC had advertised the post twice in the year 2000 and 2005. However, no appointments could be made for want of eligible candidates. The petitioner was not eligible at the relevant time because he did not have the Master's Degree which was a minimum qualification. It was contended that the Part-time Lecturer cannot be automatically regularized without selection process.