BISWAJIT SINHA Vs. DIBRUGARH UNIVERSITY

JUDGEMENT

(1.) In this writ petition, the petitioner Shri Biswajit Sinha, President of Dibrugarh University Pharmaceutical Sciences Student Union has challenged the appointment of respondent No.6 in the post of Reader in Pharmaceutical Chemistry, Dibrugarh University and appointment of respondent No.7 in the post of Lecturer in Pharmaceutical Microbiology/ Bio Chemistry on the ground that none of them possess the requisite qualification prescribed by the staturoty Rules for the post of Reader and Lecturer of the subject and also their appointment in the posts have been made ignoring the qualified eligible candidates who applied for the post in response to the advertisements. The petitioner has also impugned the advertisement No.9/ 27 and No.3/88 issued by the Registrar, Dibrugarn University for appointment to the posts of Reader in Pharmaceutical Chemistry and Lecturer in Pharmaceutical Micro-biology respectively.

(2.) The petitioners have filed the petition on behalf of the Union as a sort of public interest litigation for upholding the cause of proper teaching in public health science by meritorious, experienced and eligible qualified teaching staff, and that according to the petitioners appointment of respondent Nos. 6 and 7 have been made by the Dibrugarh University in complete disregard to the Rules, norms and standard. Inasmuch as, none of them was qualified for the post to which they are appointed.

(3.) The Executive Council of the Dibrugarh University in the exercise of power under S.18(g) of the Dibrugarh University Act, 1965, framed "the Dibrugarh University Teachers' Service Condition Ordinance, 1974", hereinafter referred to as 'the Ordinance', with effect from 1/07/1974. Art.4 of the Ordinance provides that there shall be following teachers in the University :-