AMIYA KUMAR PARICHA Vs. VICE-CHANCELLOR, BERHAMPUR UNIVERSITY

JUDGEMENT

(1.) THE petitioner calls in question the decision of the Syndicate dated 6.7.2002 (Annexure -14) and the consequential office order dated 17.7.2002 of the Berhampur University canceling the promotion of the petitioner to the post of Reader and reverting him to his former post of Lecturer (Senior Scale)with immediate effect and prays for quashing the said orders.

(2.) THE brief fact of the petitioners case is that he was appointed as a Lecturer in P.G. Department of Political Science of Berhampur University (hereinafter called 'the University) by order dated 20.11.1985 and was confirmed in the said post by office order dated 3.10.1988. Pursuant to the advertisement (Annexure -4) issued by the University inviting applications for different posts including one post of Reader in Political Science, the petitioner made an application for such appointment. The case of the petitioner along with other such applicants was considered by the duly constituted Selection Committee, which recommended the case of the petitioner for appointment as a Reader. The Syndicate having accepted the recommendation of the Selection Committee, the Registrar vide D.O. Letter No.8424 dated 17.7.1993 (Annexure -5) sent the Office. Order of the same date appointing him temporarily as a Reader in the P.G. Department of Political Science consequent upon adjustment of Dr. J. K. Mohapatra under Personal Promotion Scheme (Annexure -6). The petitioner joined the post and was confirmed by office order dated 3.5.1997 (Annexure -7) w.e.f. 19.7.1995. While continuing as such, the Registrar by letter dated 23.4.2002 intimated him that he is allowed to continue as a Reader against vacant post of Professor temporarily and would be absorbed in regular post of Reader w.e.f. 1.7.2003. But on enquiry, the petitioner came to know that Dr. J. K. Mohapatra, who was earlier promoted to the post of Reader against the regular vacancy, was adjusted in the post under Merit Promotion Scheme and since such adjustment was objected to by the Government and the Chancellor, Dr. Mohapatra, having been brought back to the regular vacancy, he is being adjusted in the vacant post of a Professor. According to the petitioner, the post of Professor that was lying vacant was an open post available to be filled up by open advertisement, but since 1999, the post having not been filled up, the petitioner as well as one J.N. Mohanty was eligible to come over to the post of Professor under Career Advancement Scheme. The adjustment according to the petitioner was not unjust or illegal. But the Registrar in his letter dated 17.7.2002 (Annexure -9) has intimated reversion of the petitioner to his former post of Lecturer (Senior Scale) with immediate effect. Hence this writ petition.

(3.) THE University has taken the stand that the Merit Promotion Scheme (M.P.S.) was introduced by the University Grants Commission (herein after called the 'U.G.C.), which was accepted by the Government and the University. The teachers in the University Departments engaged in advanced teaching and research and whose contribution and achievements are such as to merit recognition were eligible to be considered for merit promotion in the first instance after completion of 8 years and their continuous service in their respective cadre of which at least four years she is required to be in the institution where he/she would be considered for such assessment or merit promotion. The merit promotion is to be given by the appointing authority to a teacher only on recommendation of a Selection Committee duly constituted in accordance with the U.G.C. guidelines. Under the U.G.C. guidelines, while final selection of persons to be promoted can be made by the University in accordance with its normal procedure, it would be necessary to refer to the work like research, publications, books reviews, curriculum development, teaching aides, innovation in teaching methods and equipment development etc. presented by the individual teachers to at least to two referees in the subject/discipline concerned for evaluation. The post of Reader under the Merit Promotion Scheme which is given to a Lecturer would be personal to the incumbent concerned. However, in violation of the guidelines, the Syndicate in its meeting held on 25.1.1991 vide Resolution No.12 decided to adjust Dr. J. K. Mohapatra, as an appointee under Merit Promotion Scheme, even though he was already holding the regular post of Reader through direct and open recruitment process. Dr. Mohapatra was appointed by open advertisement to a regular post of Reader in the Department of Political Science and, therefore, there was no occasion for adjustment/promotion of Dr. Mohapatra as a Reader under the Merit Promotion Scheme, inasmuch as Dr. Mohapatra who was thought of being adjusted under the Merit Promotion Scheme was not holding the post Lecturer to be eligible for promotion under the scheme nor there was any selection in accordance with the U.G.C. guidelines for the purpose. Therefore, the Syndicate could not have taken such decision to adjust him under the Merit Promotion Scheme and such decision was, therefore, ab initio void.