KEVIZONUO KUOLIE Vs. NAGALAND UNIVERSITY

JUDGEMENT

(1.) This is a writ petition filed under Article 226 of the Constitution of India praying for issuance of appropriate writ of mandamus or certiorari or any other appropriate writ for protection of the constitutional rights of the petitioner under Articles 14, 16 & 21 of the Constitution.

(2.) Facts leading to the present writ petition is that Nagaland University had issued Advertisement No. 1/2029 dated 30.5.2019 and also indicated with the same advertisement, Corrigendum dated 11.06.2019 and Notification dated 25.06.2019, for teaching post under the Nagaland University (NU). The advertisement contained the post of Associate Professor, Tenyidie. The Department of Tenyidie in NU is composed of inter-discipline department consisting of English Literature, Linguistics and Tenyidie. The post advertised was for candidate from English Literature. The petitioner being eligible applied for the said post and she received a calling letter dated 01.11.2019, to appear for early interview on 19.11.2019. Out of the 4 (four) applicants, the petitioner was the only candidate recommended by the Screening Committee for interview. It is also to be mentioned here that the post of Associate Professor in the Tenyidie Department has been advertised for consecutive 15 years but there were no eligible candidates. After she sat for the interview, the recommendation of the Interview Board was that for the post which has been advertised more than 15 times since 1995, a single candidate is eligible to be called for interview. As per the guidelines of UGC Regulations vide notification dated 18.07.2019, the Constitution of the Selection Committees and guidelines on selection procedure, the criteria provided is that 3 (three) experts in the subject field concerned nominated by the Vice Chancellor, out of the names approved by the relevant statutory body of the University would compose the Selection Board. Constitution of Selection Committee and guidelines of selection procedure under Regulation No. 5(II) (a)(iii) provides that 3 (three) experts in the subject/field concerned nominated by Vice Chancellor out of the panel of names approved by the relevant statutory body of the University. Again, under Regulation No. 5(II)(b) it provides that atleast 4 (four) members including 2 (two) outside subject experts shall constitute the quorum. The above being the requirement of the Selection Committee, after having ascertained that in the interview that was held on 19.11.2019, only one subject expert was included in the Selection Committee. This was revealed by filing of RTI by the petitioner. The RTI was replied dated 27.05.2020, wherein it was clarified that the under mentioned members were selected as Selection Committee members, which is reproduced herein below:-

(3.) On perusal of the RTI reply, it was revealed that it was not in conformity with the provisions of the Regulations as contained in Regulation No. 5(II)(a)(iii) and 5(II)(b). Therefore, the petitioner submitted representation dated 26.11.2019, for re-interview in accordance with the UGC guidelines. The representation is reproduced below: