S N RAI Vs. NORTH EASTERN HILL UNIVERSITY

JUDGEMENT

(1.) THIS writ petition filed by the petitioner is directed against the refusal of the respondent-University to allow him to attend and participate in the meetings of the Academic Council of the University or to issue him the notices, agenda papers, etc. of the said meetings held from time to time, even though he is a member of the Council.

(2.) HEARD Mr. V. K. Jindal, the learned senior counsel assisted by Mr. S. Jindal, the learned counsel for the petitioner and Mr. S. Sen, the learned counsel for the respondent-University.

(3.) THE material facts of the case as pleaded by the petitioner are that, he is M. Sc. , Phd in Physics from Banaras Hindu University and that he used to work as a temporary lecturer in the Banaras Hindu University and did his Post Doctoral in Germany, USA and UK. He joined the services of the University in the Department of Chemistry and on 18. 8. 1993, he was appointed as Director, Computer Centre of NEHU, Shillong and since then, he has been leading the aforesaid Centre in his capacity as the Director. The petitioner was subsequently appointed as Head of Computer Centre with effect from 27. 10. 1990 and by virtue of the post held by him as Head of Computer Centre of the University, he was a Member of the Academic Council of the respondent-University. Even after he was appointed as Director of the Computer Centre, he continued to be a member of the Academic Council. According to the petitioner, the respondent No. 2, who is the Chairman of the Academic Council, in the 63rd Meeting of the Council held on 8th and 9th June 2000, introduced him as a new member of the Academic Council and he was also appointed by the respondent No. 2 as the Chairman of Board of Under Graduate Studies in Computer Science of the University in his capacity as the member of the Academic Council. It is also asserted by the petitioner that the Controller of Examinations of the respondent- University, vide his letter dated 21. 11. 2005, invited him in his capacity as the Chairman of the BUGS, Computer Science, in the Moderation Board Meeting for the Under Graduate Examination held on 25. 11. 2005 and that the fact of his invitation as Chairman, BUGS, Computer Science is under Ordinance OA-9, and is reflective of the fact that he is still a member of the Academic Council since only members of the Academic Council can be appointed as Chairman of BUGS. It is also pleaded by the petitioner that under the provisions of the NEHU Act, 1973 and the Statutes, the respondent-University is required to prepare an annual report which is passed by the highest body of the University i. e. "the Court" which is sent to the Visitor, who is the President of India, every year for his appraisal and approval. The said report contains a list of members of the Academic Council which also included the Head of Computer Centre, NEHU as member of the Academic Council. It is also asserted by the petitioner that in the 30th Annual Report of 2003-2004 of the University published and approved by the Court of the University and sent to the Visitor, the Head of Computer Centre, NEHU, was included as member of the Academic Council whereafter the same is placed before the Houses of Parliament for information/discussion and approval.