MAITREYEE CHAKRABORTY Vs. TRIPURA UNIVERSITY

JUDGEMENT

(1.) The petitioner has challenged a decision dated 13.12.2018 of the Executive Council of Tripura University not to confirm the service of the petitioner and re-advertise the post of Assistant Professor (Law).

(2.) Brief facts are as under :

(3.) The petitioner accepted such offer of appointment and joined her duties. It so happened that the regular appointee to the post in question one Dr. Pravin Mishra the lien holder, was on deputation to the Sikkim University at the relevant time. In the meeting dated 09.06.2017 the Executive Council of Sikkim University decided to accept the satisfactory completion of the probation period of said Dr. Pravin Mishra w.e.f. 01.12.2016. Consequently, said Dr. Pravin Mishra resigned from his post of Assistant Professor (Law) Tripura University. Such resignation (for the purpose of protection of past service referred to as technical resignation) was accepted by the Tripura University in the Executive Council meeting held on 14.11.2017. The petitioner would therefore point out that the lien vacancy on which she was appointed, became permanently vacant upon Dr. Pravin Mishra deciding to accept absorption in Sikkim University and the Tripura University accepting his resignation. The case of the petitioner therefore is that she should have been regularized and made permanent as an Assistant Professor by the Tripura University. Instead, the Executive Council of the University in its meeting dated 13.12.2018 decided that the petitioner cannot be confirmed and the post be re-advertised. It is this decision the petitioner has challenged the present petition.