SACHIDANANDA PRADHAN Vs. VICE CHANCELLOR UTKAL

JUDGEMENT

(1.) The petitioner challenges the appointment of opposite party No. 5 against the substantive post of Lecturer in Public Administration in the Post -Graduate Department of Political Science of the Utkal University. It has been alleged that without issuing any advertisement and without holding any selection, opposite party No. 5 has been 'adjusted against the post of Lecturer, Political Science' thus depriving the petitioner of an opportunity of offering his candidature for the said post. It is contended that such 'adjustment' against a substantive post of Lecturer is opposed to the principle contained in the Orissa Universities Act, 1989 (Orissa Act 5 of 1989) as well as the provisions contained in the Orissa Universities First Statutes, 1990, and also opposed to the principle of equal opportunity in the matter of employment as envisaged in the Constitution.

(2.) OPPOSITE parties 1 to 4 and opp. party No. 5 have filed two separate counter affidavits taking almost similar stand. In justification of the appointment, it has been submitted that opposite party No. 5, had earlier been selected for the post of Lecturer, Political Science, in an interview held in the year 1989 -90, but since the said post was a leave vacancy post, he had joined as a Lecturer in Political Science under the Utkal University in the Directorate of Correspondence Courses, where he was continuing as a Lecturer till the present appointment took place. It is further contended that there is no difference between a Lecturer in the Directorate of Correspondence Courses and other Lecturers of the University, as has been decided by the Orissa High Court in OJC No. 1153/78. It has been further submitted that pursuant to an advertisement issued for the post of Reader in Public Administration in the Department of Political Science, present opposite party No. 5 had appeared as a candidate and he had been selected in the second position. The person who was selected in the first position at the said interview was appointed as Reader in Public Administration and since petitioner was already continuing as a Lecturer in Political Science in the Directorate of Correspondence Courses and was otherwise qualified, he was 'adjusted' against the substantive post of Lecturer in Public Administration in the Post -Graduate Department of Political Science of the Utkal University. It has been also submitted that on two earlier occasions, two other Lecturers functioning in the Directorate of Correspondence Courses had also been appointed as Lecturers in the Post -Graduate Departments of Political Science and Oriya respectively.

(3.) THE opposite parties have also tried to justify the appointment by contending that on two previous occasions, two other Lecturers under the Directorate of Correspondence Courses had been adjusted in the Post -Graduate Departments of Oriya and Political Science. The opposite parties have not brought to our notice any provision contained in any Act or Statutes enabling the University to transfer a Lecturer or adjust a Lecturer of Directorate of Correspondence Courses in any other Post -Graduate Department of the University. In the absence of any provision authorising the University to do so. merely because such practice had been adopted in two cases, it cannot be said that adoption of such a course by the University was legally justified. The authorities have to act in accordance with the rule of law. Practice however hallowed it my be, cannot be a substitute for rule of law in such matters. In the absence of any provision authorising the University to transfer a Lecturer from the Directorate of Correspondence Courses to any other Post -Graduate Department of the University, the so -called adjustment of opposite party No. 5 against the substantive post of Lecturer in Public Administration in the Post -Graduate Department of Political Science was illegal.