UMESH CHANDRA KALITA (DR.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned Senior Counsel for the petitioners in WP(C) 3776/2014 and for the petitioner in WP(C) 3696/2014. Also heard Mr. A. Buragohain, learned Advocate General, Assam, appearing for respondent Nos. 1, 2, 3 and 6 in WP(C) 3776/2014 and for respondent Nos. 1, 2 and 3 in WP(C) 3696/2014; Mr. N. Dutta, learned Senior counsel as well as Mr. P. Goswami, learned counsel, appearing for respondent No. 10 in WP(C) 3776/2014 and for respondent No. 5 in WP(C) 3696/2014; Mr. D. Saikia, learned Senior counsel appearing for respondent Nos. 4, 5 and 7 in WP(C) 3776/2014 and for respondent No. 4 in WP(C) 3696/2014; and Mr. I. Choudhury, learned counsel, appearing for respondent No. 8 in WP(C) 3776/2014. None appears for respondent No. 9 in WP(C) 3776/2014.

(2.) Wp(C) 3696/2014 is filed by the petitioner, who is serving as Principal Scientist, Plant Breeding, National Seed Project (Crops), Assam Agricultural University (for short, 'AAU'), with eight years of experience as Professor. He was also a former General Secretary of AAU Teachers' Association, Faculty of Agriculture, Jorhat. The writ petition is filed praying for a writ in the nature of quo-warranto as well as writ in the nature of prohibition to prevent and prohibit the respondent No. 5 from holding and continuing in the post of Vice-Chancellor (for short, 'VC'), AAU, Jorhat. The proximate cause for filing the writ petition was an order of the Chancellor, AAU, dated 25.07.2014, granting extension to the respondent No. 5, who would have completed his term of five years on 26.07.2014, on the ground that there is no provision in the Assam Agricultural University Act, 1969 (for short, the 'AAU Act'), for grant of such extension.

(3.) In WP(C) 3696/2014, affidavit was filed by respondent No. 1 as well as by respondent No. 4.