KANDARPA DAS Vs. CHANCELLOR

JUDGEMENT

(1.) Heard Mr. N. Dutta, learned senior counsel (since deceased) and Mr. D. Das, learned senior counsel, assisted by Mr. S. Deka, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned Advocate General for the State of Assam, assisted by Mr. B. Choudhury, learned counsel for the respondent nos. 1 to 4 and 6 and also heard Mr. P.J. Phukan, learned counsel for respondent no. 5.

(2.) Challenging the legality and validity of (i) the order dtd. 13/8/2021 (Annexure-4), by which the petitioner, who was the Vice Chancellor of Krishna Kanta Handiqui State Open University (KKHSOU for short), was suspended, and (ii) show-cause notice dtd. 16/8/2021 (Annexure-5), both issued by the Governor as Chancellor of KKHSOU, the present writ petition has been filed under Article 226 of the Constitution of India.

(3.) Bereft of unnecessary details, the case of the petitioner in brief is that while the petitioner was working as a Professor in the Department of Foreign Language in Gauhati University, the petitioner was appointed as Director of Institute of Distance and Open Learning, Gauhati University (GUIODL for short), for two 5 (five) year term from 19/8/2006 to 2011 and from year 2013 to 31/1/2016. While working as Professor in the Department of Foreign Language in Gauhati University, the petitioner was selected and appointed as the Vice Chancellor of the KKHSOU for a three year term vide notification dtd. 6/3/2020, issued by the Commissioner and Secretary to the Governor of Assam. On 11/3/2020, the petitioner was granted extraordinary leave by the Gauhati University and after obtaining lien from Gauhati University, the petitioner had joined in the post of Vice Chancellor of KKHSOU on the same day.