SACHINDRA NATH MISHRA Vs. KRISHNA KANTA HANDIQUE STATE OPEN UNIVERSITY

JUDGEMENT

(1.) The writ jurisdiction of this Court has been sought to be invoked by the petitioner by questioning the legality and validity of an order dtd. 26/6/2020 issued by the Krishna Kanta Handiqui State Open University (hereinafter called, KKHSOU). By the impugned order, the earlier order dtd. 24/12/2019 of extension of service of the petitioner as Secretary to the Vice-Chancellor till completion of 65 years of age has been cancelled. It is the case of the petitioner that such action is in gross violation of the principles of natural justice and is otherwise bad in law and therefore liable for interference by this Court.

(2.) Before going to the issue which has arisen for determination in this Case, it would be convenient to state the facts of the case in brief.

(3.) The petitioner was earlier serving as the Private Secretary to the Vice-Chancellor, Gauhati University. Pursuant to a recruitment process for the post of Secretary to the Vice-Chancellor, KKHSOU, the petitioner, who claims to have fulfilled all the requisite qualifications and eligibility had successfully participated in the said selection process. Accordingly, an order dtd. 1/6/2015 was issued by which the petitioner was appointed as Secretary to the Vice-Chancellor, KKHSOU for a tenure of 5(five) years. Admittedly, the petitioner had joined the post on 7/7/2015. The appointment order contains a Clause that the same would be renewed after 5(five) years for any further period, as may be decided.