CHAPALA DAS Vs. BERHAMPUR UNIVERSITY

JUDGEMENT

(1.) This writ application has been filed by the Petitioner seeking quashing of the report of the Revenue Divisional Commissioner (Southern Division), Berhampur and the decision of the Syndicate taken in the proceedings of the Syndicate Sub-Committee held on 9th September, 1999 whereby the Syndicate has taken a decision to terminate her services from the post of Lecturer in Physics as illegal, arbitrary and violative of law.

(2.) Matrix of the case is that the Petitioner was appointed as Lecturer in Physics on selection by the State Selection Board and was posted in Banki College, Banki vide office order dated 29.9.1987 (Annexure-1) of the Director of Higher Education, Orissa, Bhubaneswar. She continued to serve as Lecturer in the said College since thereafter and her appointment was approved on regular basis vide office order dated 29.1.1988 (Annexure-2). An advertisement was published by the Berhampur University vide notification dated 26.10.1994 (Annexure-3) thereby inviting applications for various teaching posts in several Departments including 3 posts of Lecturer in Physics; one each for unreserved (hereinafter referred to as 'UR'), Scheduled Tribe (hereinafter referred to as 'ST') and Socially & Educationally Backward Classes (hereinafter referred to as 'SEBC'). The Petitioner was selected and consequently appointed as Lecturer in Physics against the vacancy advertised for SEBC category, to which she belonged, vide letter dated 20.5.1995 (Annexure-5) in the Post Graduate Department of Physics, Berhampur University. She was placed in the Senior Scale of pay with effect from 10.6.1995 vide order dated 19.9.1997 (Annexure-6). She was confirmed as a Lecturer in P.G. Department of the University from 9.6.1997 vide office order dated 26.9.1997 (Annexure-7). Petitioner received a memorandum of charges based on vide letter dated 28.9.1999 (Annexure-8) from the Registrar of the University requiring her to submit her explanation within thirty days on receipt of the same. Aggrieved by the said letter dated 28.9.1999 (Annexure-8), the Petitioner has preferred this writ petition alleging that the decision taken by the Syndicate of the University holding that the appointment of the Petitioner was in violation of the provision of the Orissa Reservation of Vacancies in Posts and Services (For Scheduled Castes and Scheduled Tribes) Act, 1975 (hereinafter referred to as 'the Act').

(3.) The Respondents have contested the writ petition alleging that neither the decision of the Revenue Divisional Commissioner (S.D.), Berhampur nor the decision of the Syndicate recommending termination of the services of the Petitioner, is illegal. It is also averred that neither the Syndicate nor its Sub Committee resolved not to interfere in the appointments made against the SEBC vacancies and that the writ has no merits and is liable to be dismissed.