North Eastern Hill University and others vs Dr. Sudip Dey

This intra-court appeal is directed against the order dated 15.12.2016 as passed by the learned Single Judge of this Court in WP (C) No.170

of 2015.

The writ petition aforesaid was filed by the present respondent on his grievance that despite repeated orders of this Court in WP (C) No.191

(SH) of 2012 [order dated 06.11.2012] and in WP (C) No.110 of 2013 [order dated 25.04.2014] in his favour, the appellant-university was

avoiding to carry out proper selection process for the post of Professor, SAIF; and was denying him appointment despite his having secured such

quantum of marks which were above 50% and which ought to have been taken sufficient for the purpose of the selection process in question.

The respondent-writ petitioner asserted that he was the sole candidate selected for interviews after screening; and having secured 52% marks in

the earlier selection process and then, 51% marks in the second process, ought to have been selected and accorded the appointment.

The learned Single Judge referred to the aforesaid two orders passed in the earlier rounds of litigation and thereafter found that the appellant-

university had not been forthright in its propositions as regards fixing of criteria for selection. While disapproving the process as adopted by the

appellant-university, the learned Single Judge proceeded to directly issue a mandamus to the appellant-university to appoint the respondent-writ

petitioner to the post applied for within thirty days.

During the course of consideration of this intra-court appeal by the appellant-university, various propositions were exchanged between the

parties. Ultimately, the parties have arrived at a consensus that the matter of consideration of respondent''s appointment may be referred to the

Selection Committee afresh and the cut-off marks may be specified at 50%; and further that the Selection Committee would consider his case on

the stipulated criteria in accordance with the applicable UGC Regulations. Learned counsel for the parties have placed before the Court the

settlement so arrived that reads as under:-

SETTLEMENT

North Eastern Hill University, represented by its Registrar (appellant) and Dr. Sudip Dey, (respondent) do hereby agree as follows:

That the appellant and the respondent have agreed that the matter of consideration of respondent''s appointment to the post of

Professor in NEHU may be referred to the selection committee for consideration.

That the cut off marks for the selection committee shall be 50% only for the instant case.

That the selection committee shall consider the case of the respondent on different selection committee criteria (heads) strictly in

accordance with the UGC Regulation.

That the appellant and the respondent agree that within 7 (seven) working days the selection process will be completed and

thereafter the decision of the selection committee shall be placed before the Executive Council, which is the appointing authority, in its

meeting on 18th February, 2017.

Dated Shillong

8th February 2017

Sd/-

Appellant/Registrar, NEHU, Shillong

Sd/-

Respondent

Sd/-

Counsel for the appellant

Sd/-

Counsel for the respondent

In the totality of circumstances of the case, we are satisfied that the consensus so reached by the parties is of a lawful settlement; and the present

litigation deserves to be terminated in terms thereof.

Accordingly, this appeal stands disposed of with the requirements that the parties shall adhere to the terms of settlement and accordingly, the

appellant-university would take all necessary steps for completing the selection process afresh within seven working days from today and the

recommendation of the Selection Committee shall be placed before the Executive Council for final decision in its meeting slated on 18.02.2017.

No costs.