Meghalaya High Court’s judgment dismisses writ petition challenging illegal termination

A CORRESPONDENT

SHILLONG: The Meghalaya High Court recently dismissed a writ petition filed by an assistant professor in the Department of Computer Science of Women's College, Shillong whose service was terminated in 2019.

The petitioner had filed the writ petition, challenging the email dated 16.12.2019, by which it was communicated to the petitioner that the Governing Body, vide its Resolution dated 12.10.2019 decided to discontinue the services of the petitioner, without due process of law.

The petitioner also sought a direction to reinstate him in the post of Assistant Professor in the Department of Computer Science with all consequential benefits with effect from 01.01.2020.

It was put forth by the petitioner that even though the Department of Computer Science is stated to be not in existence, the same was not duly informed to him by giving notice. Since the College has not followed the principle of natural justice. It was argued that the termination itself is illegal, unreasonable and arbitrary and is liable to be interfered with by this Court. Meanwhile, The College has filed an affidavit-in-opposition wherein it has been stated that the petitioner was appointed without conducting any interview and no appointment order was issued to him.

The College told the Court that it is true that the petitioner had conducted various programmes on computer literacy in the College in the interest of students and he was also engaged in the higher secondary classes, for which, he was paid remuneration on par with other teachers.

According to the College the Department of Computer Application was only for Higher Secondary Section, as no permission was accorded by the University to open a Department of Computer Science/ Application for the College.

"The Higher Secondary level classes have been segregated / separated from the College and thus, the College has no Computer Application in order to accede to the request of the petitioner that he has to be engaged in the College," the College said in its affidavit to the Court.

According to the College the higher secondary section was bifurcated from the College on instruction from Meghalaya Board of School Education and the same was approved by the Meghalaya Board of School Education vide communication dated 0 1.04.2019.

The bifurcation was made effective after the approval of the Governing Body of the College to go ahead and to create a separate higher secondary section vides decision dated 09.05.2017.

The College informed the Court that the petitioner was conducting classes for the students of 5th  semester studying in the course, namely, Bachelor of Social Work and pursuant to the decision taken in the Governing Body meeting held on 12.10.2019 to do away with the Department of Computer Application from, the services of the petitioner were divested of due to non-availability of any Computer Application Department in the College and he is only an ad hoc employee and he does not have any substantive right to hold the post.

The College also informed the Court that after bifurcation, the petitioner was offered a full-time position in the Higher Secondary section on revised terms of pay and appointment, but, however, the petitioner has refused to accept the same.

The College told the Court that when there is no Department in the College premises and there was no admission of students in the Computer Application course, the petitioner has no right to claim any benefit in the absence of any permission given by the University to offer such course by the college.

The counsel appearing for the University contended that NEHU has not accorded any permission or sanction to the college to conduct course on Computer Application. In its judgment the single bench of Chief Justice S. Vaidyanathan, stated that even on a glance at the communication dated 01.11.2019 of the faculty members of Women's College addressed to the President, Governing Body, condemning the discontinuation of the services of the petitioner, which was produced by the petitioner himself, it is vividly apparent that he was conducting computer courses for classes XI and XII.

The High Court said that though it was argued on the side of the petitioner that he was assigned to conduct regular environmental science classes at degree level, there is no evidence adduced to that effect.

"Looking at any angle, in my considered opinion, the writ petition is not maintainable, when the post itself ceases to exist, owing to bifurcation and the College has no sanctioned post to accommodate the petitioner. Hence, this Court has no other option, but to dismiss the writ petition as not maintainable," Chief Justice Vaidyanathan stated in his judgment. 

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