RAJENDRA PRASAD Vs. THE SIKKIM UNIVERSITY AND ORS.

JUDGEMENT

(1.) (i). The Petitioner who was serving as an Assistant Professor in the Sikkim University on contractual basis for different periods between the years 2008 and 2012, has preferred this Writ Petition seeking to assail the Appointment Notices dated 29 -04 -2010 (Annexure P -1) and 28 -04 -2011 (Annexure R/2 -17) issued by the Sikkim University for appointments to several Teaching Positions in various Departments and, the resultant appointments of the Respondents No. 5, 6 and 7 as Assistant Professors. The Respondents No. 1 and 2 are the Vice Chancellor and the Registrar of the Sikkim University respectively who had conducted the interviews and declared the impugned results leading to the appointments of the Respondents No. 5, 6 and 7.

(2.) The Petitioner has relied upon a large number of decisions on the various aspects advanced by him which are as under: -

(3.) The substantive prayers in the Writ Petition are for quashing (i) the selection process and, (ii) the order of termination of the Petitioner. In so far as the first prayer is concerned, it has already been held that there was no illegality committed by the Respondents No. 1 and 2 in the recruitment process as alleged by the Petitioner and also that the Petitioner having acquiesced in the position, had waived his right to question the selection process. As regards the second prayer also, it has been held that the order of termination of the Petitioner was issued in due compliance of the procedure laid down in the relevant Statutes and Act of the Sikkim University and was not arbitrary. It would also be significant to note that the Petitioner was a contractual employee the term of which expired on 31 -03 -2012. Therefore, the prayer for reinstatement of the Petitioner in service with back wages could not have been allowed. Although the termination was effective from 16 -03 -2012, the salary for the remaining period also had been paid to him and was issued with an experience certificate sought for by him by orders of this Court details of which shall be stated hereafter.