SHILLONG: The case against NEHU by one Dr Sudip Dey has reached a consensus that the entire matter would be referred to the selection committee for consideration.
The parties have arrived at a consensus that the matter of consideration of the respondent’s appointment may be referred to the Selection Committee afresh and the cut-off marks may be specified at 50 per cent, and further that the Selection Committee would consider his case on the stipulated criteria in accordance with the applicable UGC Regulations.
The counsel for the parties has placed before the Court the settlement that reads 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.
Dey, who was denied appointment for the post of professor SAIF in North Eastern Hill University, approached the High Court of Meghalaya for aid. He had filed a writ petition on his grievance that despite repeated orders of the High Court in his favour, NEHU was not carrying out proper selection process for the post of professor, SAIF, and was denying him appointment despite his having secured eligible marks above 50 per cent.
The 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.
However, the Single Judge referred to the 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 to fixing of criteria for selection.
While disapproving the process as adopted by the university, the Single Judge proceeded to directly issue a mandamus to the appellant-university to appoint the respondent-writ petitioner to the post applied within 30 days.
During the course of consideration of this intra-court appeal by the University, various propositions were exchanged between the parties and eventually a consensus was reached.
The settlement presented in the court adds that the cut off marks for the selection committee should be 50% only for the instant case and the selection committee should consider the case of the respondent on different selection committee criteria (heads) strictly in accordance with the UGC regulation and both the parties agree that within 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 February 18.
“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,” the Court order said.
The Court while disposing of the appeal made it clear 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 and the recommendation of the Selection Committee shall be placed before the Executive Council for final decision in its meeting.
