PACHHUNGA UNIVERSITY COLLEGE Vs. NORTH EASTERN HILL UNIVERSITY

JUDGEMENT

(1.) THIS petition has been filed by the Pachhunga University College Teachers' Association represented by its President for issue of a rule directing the North Eastern Hill University, for short NEHU, for preparation and publication of a common seniority list of all the teachers of the NEHU including the teachers of Pachhunga University College at Aizawl which has been taken over by the NEHU.

(2.) I have heard Mr. K.P. Pathak, the learned senior counsel for the petitioner Association and Mr. S. Sailo, the learned counsel for the respondents.

(3.) HERE a review of the background of the case seems necessary. The NEHU was established as per provisions of the North Eastern Hill University Act, 1973. After about 6 years on 19th April, 1979 as per enabling provisions of the above Act of 1973, an agreement was entered into between the President of India, represented by the Lieutenant Governor of Mizoram (then a Union Territory), and by NEHU whereupon the College at Aizawl was taken over by the NEHU. After taking over the teaching staff of the College was divided into two categories, namely - Lecturers and Readers with the stipulation that 1/6th of the total number of teachers as existed would be in the category of Readers as per the norms of University Grants Commission. The terms of agreement also include absorption of the teachers of the College in the service of the NEHU. The members of the administrative staff, it was agreed, would be given appropriate scales of pay as payable to the corresponding staff in the NEHU. The grievances of the petitioner Association is that though some of its members were selected and appointed by the NEHU and posted in different campuses and institutions within the territorial jurisdiction of the NEHU, yet they are being treated with discrimination. According to them, they are essentially teachers of the NEHU and therefore, there cannot be any reason for maintaining a separate seniority list for them. Hence, this petition.