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HC sets aside NEHU’s order in leave dispute

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The court quashed NEHU’s directive, asserting that Prof Keshan’s online teaching should be considered valid duty. The court directed NEHU’s Executive Council to review the matter sympathetically, considering the unprecedented nature of the COVID-19 pandemic and the lack of travel options then

By Our Reporter

SHILLONG, Nov 11: The High Court of Meghalaya has ruled in favour of Dr Bela Keshan, a professor of Zoology at North-Eastern Hill University (NEHU), in a dispute over the status of her leave, which was taken during the first COVID-19 lockdown.
In March 2020, Prof Keshan took leave and returned to Kolkata just before a nationwide lockdown was announced due to the pandemic. With travel restrictions and public health guidelines in place, she remained in Kolkata, conducting online classes for her students as per directives from the University Grants Commission (UGC). NEHU, however, later issued notices indicating that faculty attendance was expected on campus, despite UGC’s allowance for online teaching during the pandemic.
While Prof Keshan resumed her duties in person on December 11, 2020, NEHU required her to apply for leave retroactively, while terming her absence from campus as unauthorised. The Joint Registrar’s directive mandated her to account for the 171 days spent away from the university, despite her continued online teaching efforts.
The High Court, led by Chief Justice IP Mukerji, ruled that NEHU’s order was inconsistent with UGC’s guidelines promoting online education during the pandemic. The court quashed NEHU’s directive, asserting that Prof Keshan’s online teaching should be considered valid duty. The court directed NEHU’s Executive Council to review the matter sympathetically, considering the unprecedented nature of the pandemic and the lack of travel options during the period.
The university has been given three months to re-evaluate its decision and must provide Prof Keshan a hearing before finalising any leave adjustments. This ruling may influence other cases where university faculty continued to teach online but faced leave-related challenges.

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