SUBHRAM RAJKHOWA Vs. GAUHATI UNIVERSITY

JUDGEMENT

(1.) The petitioner, Reader in the Department of Law, Gauhati University (hereafter referred to as the University), seeks to invoke the writ jurisdiction of this Court for an appropriate writ and/or direction to it to promote him to the post of Professor of the aforesaid Department and cancelling the selection of the respondent No. 5 and the recommendation for his promotion as well to the same rank.

(2.) I have heard Mr. A. K. Goswami, learned Sr. Counsel for the petitioner, Mr. L. P. Sharma, learned Standing Counsel for the University and Mr. R. P. Kakoti, learned Counsel for the respondent No. 5.

(3.) The pleaded accounts of the parties in bare essentials would be necessary. The petitioner has averred that he had joined the Post Graduate Department of Law of the University as a Lecturer in the year 1986 and was promoted to that of Reader in the year 1998. The respondent No. 5, he admits, has been serving as Reader of the said Department from the year 1996. According to him, the Department is possessed of three posts of Reader and five Lecturers of which two posts of Lecturers are vacant. While contending that the charge of the office of the Head of Department is held by rotation on the turn of every three years, the petitioner has stated that the respondent No. 5 who is otherwise senior to him as a Reader is presently functioning as such. He has elaborated that by dint of his office and seniority the respondent No. 5 is the Dean of the Faculty of Law and is also a Member of the Executive Council. He has averred that the three years term vis-a-vis the respondent No. 5 in the office of the Head of Department is scheduled to expire in December, 2009 and it would be his turn thereafter. Referring to the University Grants Commission (Minimum qualifications required for the appointment and career Advancement of teachers in Universities and Institutions affiliated to it) Regulations, 2000, (for short hereafter referred to as the Regulation) framed in exercise of the powers under the University Grants Commission Act, 1956, he has pleaded that guidelines have also been framed by the University Grants Commission (for short also referred to as UGC) for promotion under the Career Advancement Scheme (for short also referred to as CAS) which have since been adopted by the University with certain modifications, hereafter referred to as Rules/Guidelines.