HC: Appoint officer as NEHU professor

SHILLONG, DEC 15: The Meghalaya High Court on Thursday directed the North Eastern Hill University (NEHU) to appoint a scientific officer for the post of professor in Sophisticated Analytical Instrumentation Facility (SAIF) within 30 days.

“The respondents are directed to appoint the petitioner for the post he applied for within 30(thirty) days from the date of receipt of a copy of this judgment and order,” Justice SR Sen stated in his judgment on Thursday.

The writ petition was filed by one Dr Sudip Dey for non-consideration of his selection by the Selection Committee three times on the self-created criteria in total disregard and willful violation of the April 25, 2014- High Court’s Judgment

Dey is presently serving as a Scientific Officer (Senior Grade) in the department of Sophisticated Analytical Instrumentation Facility (SAIF), NEHU, Shillong.

He applied for the post of Professor, SAIF, North Eastern Hill University (NEHU), under the open specialization in response to an advertisement dated 7th December 2011, published by the NEHU.

“I would like to put a question to the respondents (NEHU), whether they are really adamant not to give appointment to the petitioner? If it is so, they are very much wrong since nobody is above the law,” Justice Sen said.

He added, “I have no intention to interfere with the expert assessment but; if the expert assessment is arbitrary without fixing any pass mark, it will definitely become illogical and illegal. In such circumstances, the Court has no option, but to interfere.”

Earlier, the counsel for the respondents/NEHU had stated that due to shortage of time they could not fix the pass mark to which Justice Sen stated – “ This in my opinion is unwanted which may be further considered as a falsehood and also misleading the Court.”

“As such, it cannot sustain. One must remember that no Expert/Selection Committee or any Examiner has any right to play with the career of the applicant or a student,” he said added “Rules and criteria are to be framed before the game starts and not after the game is over.”

Inspite of the direction of this court time and time again, it appears that the respondents have violated the directions and bypassed the court’s observation which is totally illegal, the order stated.

The order said the court expresses its displeasure and disappointment and the same will definitely amount to contempt of court. It is the sacred duty of the respondents/NEHU to go through the judgments passed by the  High Court,” Justice Sen stated while disposing of the petition.