LALIT KUMAR JHA Vs. NORTH EASTERN HILL UNIVERSITY (NEHU) AND ORS.

JUDGEMENT

(1.) THESE two writ petitions filed by the same writ petitioner basing on the same fact for the same subject matter against the same respondents were jointly heard for being disposed of by a common judgment and order. In order to avoid repetition of facts, for convenience, the fact of the case leading to the filing of the WP(C) No. 174/2014 is briefly noted.

(2.) HEARD Mr. S.P. Sharma, learned counsel appearing for the petitioner and also Mr. K. Khan, learned counsel appearing for the respondent -university. The relief sought for in WP(C) No. 174/2014 read as follows:

(3.) IT is also the further case of the petitioner that a junior professor cannot supersede a senior professor who fulfills all the criteria of eligibility as per UGC Regulation 2010 while promoting to the professorship of HAG (Stage -6) and Clause 6.4.10 states "....selection should be conducted by the university by receiving duly filled PBAS (Performance Based Appraisal System) proformas from eligible Professors based on seniority." The petitioner had joined as a Professor of Forestry in the Department of Forestry, School of Environment Sciences, NEHU on 8th August, 1990 at the then Mizoram Campus, NEHU, Aizawl and he was selected against the sanctioned post under open category as professor and his appointment was duly confirmed by the University. Subsequently, NEHU, Mizoram was granted status of a Central University and consequent upon exercise of option all the faculties who opted for Parent University were considered to be on deputation in Mizoram University till final posting in NEHU.