Case title:- MEHER FATIMA HUSSAIN VERSUS JAMIA MILIA ISLAMIA & ORS.
Case No:-CIVIL APPEAL NO. 4963 OF 2024
Decided on:-15th April,2024.
Quorum:-ABHAY S. OKA, J.
Facts of the case:-
Meher Fatima Hussain, the appellant, was hired as a lecturer. Afterwards, the University changed the position from probationary to temporary by an order dated April 29, 2010. The appellant was granted the Career Advancement Scheme of the UGC as an upgrade benefit. As stated in the August 10, 2016, announcement for the Sarojini Naidu Center’s academic positions. She received an offer to work as an Associate Professor at the Sarojini Naidu Center, with tenure till the end of the XII plan period or the duration of the scheme. Thus appellant filed a Writ Petition. The UGC published a public notification extending the UGC Women Studies Scheme through March 31, 2021, while the petition was pending. On August 18, 2021, the learned single judge denied the Writ Petition.
Appellant Contentions
The appellant’s learned senior counsel argued that the appellant’s appointment should have been continued, according to the UGC’s advice, since it was established through a regular process and followed the merger of the posts in the regular establishment. The appellant’s learned attorney mainly relied on this Court’s ruling in the matter of Somesh Thapliyal and Others v. Vice Chancellor, H.N.B. Garhwal University and Others.
Respondent Contentions
The learned counsel argued that because the appellants were appointed on a tenure post particularly until the age of superannuation. He argued that the cases of the appellants include backdoor access, they cannot be hired on a regular basis. Learned counsel also brought up the fact that they had also received a show cause notice of misconduct. The learned Counsel argued that there was no directive from the UGC recommending that the teachers chosen through the previous procedure be kept on board.
Court Analysis and Judgement
Court has given order to the first and second respondents to reinstate the appellants in their respective roles in accordance with their selection in December by setting aside the impugned judgments. Three months from now, they will be reintroduced. The appellants will not be entitled to pay or benefits for the time they have not worked, but they will be entitled to continuation in service and other incidental advantages. As a result, the appeals are granted on the aforementioned conditions without any expense orders. If any teachers have been appointed to the positions held by the appellants, the university will evaluate whether the legislation allows them to fill any open positions.
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Judgement Analysis Written by – K.Immey Grace
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