High Court imposed cost of Rs. 25,000 on Tripura University for wasting valuable time

way2barak, November 10 : Tripura High Court Hon’ble Justice Arindam Lodh gave judgment criticizing the administrative work of Tripura University and fined the University Rs.25 thousand for wasting court time. According to Hon’ble Justice Shri Lodh, a fellow assistant professor has to approach the High Court seeking justice in a matter which cannot be expected from the highest administrative level of the University.

For the applicant Senior lawyer Puroshottam Roy Barman told the high court that the petitioner has been working as an Assistant Professor under Tripura University (Central). In pursuance of an advertisement dated 04.10.2024, the petitioner desired to apply for the post of Professor (Commerce). Some criteria are mentioned in Clause 5 and 19 of the advertisement which stipulate thus: 5. Candidates already in employment shall apply through. proper channel (and submit formal “No Objection Certificate’ during interview, if called for). 19.Experience Certificate: All claims of experience shall be supported by an Experience Certificate which should be clear and complete in all respects in the organization’s letter-head, bear the date of issue, specific period of work, name and designation of issuing authority along with signature and official seal.”

Since the petitioner has been working as an Assistant Professor under the University, he submitted an application on 21.10.2024 to the authority concerned to issue Experience Certificate in his favour in terms of Clause 19 as quoted here-in-above, facilitating his application to be submitted for the post of Professor (Commerce) through proper channel.

Having failed to obtain such Experience Certificate, the petitioner again approached the authority concerned by submitting another application on 29.10.2024, but, till then the respondents-Tripura University (Central) has not issued such certificate in his favour compelling him to approach this Court by way of filing the instant writ petition since the last date of submitting application for the post of Professor (Commerce) through proper channel is on 10.11.2024.

During the course of hearing, learned Registrar, Tripura University (Central) has submitted that out of some misconception over this matter, the Experience Certificate was not issued in favour of the petitioner. Learned Registrar has brought to the notice of this Court a notification dated 28th October, 2024 whereby and whereunder it was informed to all concerned that “no ‘NOC from Tripura University is required for ‘Internal Candidates to apply for various Teaching and Non-teaching posts in Tripura University notified vide Advertisement No. F.TU/Teach-Rec/2024/02, dt. 04.10.2024 “.

Based on this notification, learned Registrar, Tripura University has tried to persuade the Court that they were of the understanding that Experience Certificate was not required for internal candidates. Mr. S Bhattacharya, learned senior counsel on behalf of Tripura University has supported the logic expressed by learned Registrar. But honorable justice Loadh astonished for the reason that when the Respondents- Tripura University in its advertisement has specifically mentioned separate criteria that, one requiring “Experience Certificate” and another requiring the “NOC”, then, how the University was persuaded to hold that “Experience Certificate” was/is not required.

According to the justice Lodh, this is an utter negligence on the part of the University and its authorities who are responsible to deal with the matter. The logic and the reasoning given by Registrar supported by Mr. Bhattacharya, Senior Counsel appearing on behalf of the University are not at all acceptable to this Court. Furthermore, the petitioner is eligible to apply for the post of Professor in all respects. He applied for issuance of Experience Certificate not on single occasion, but, twice.

Had the Experience Certificate not required, according to the University, then, question is why the respondents-Tripura University preferred to keep silence over the issue, and why it was not informed to the petitioner that Experience Certificate was not required in his case because he was treated as internal candidate. Justice Loadh in his judgement it was clearly mentioned that ” I am in agreement with Mr. Roy Barman, learned senior counsel appearing for the petitioner that the petitioner has suffered mental agony for not issuing Experience Certificate by the University and further, the petitioner has unnecessarily been compelled to take the burden of filing the instant writ Considering the matter in its entirety, in my opinion, the respondents-Tripura University is found to be enough negligent in dealing with the matter and the explanation, learned Registrar has given to this court, in my opinion, cannot be acceptable.

Since the Tripura University is found to be negligent and the petitioner suffers mental agony, he is required to be compensated for unnecessarily dragging him into litigation. Added to it, this Court has also wasted its valuable time for such kind of negligent act of the Tripura University (Central) compelling the petitioner to approach the Court.

Justice Loadh also mentioned in his judgement that “during interaction learned Registrar, Tripura University (Central) has undertaken that by today evening necessary Experience Certificate will be issued in favour of the petitioner or a notification will be issued stating inter alia that for ‘internal candidates’ no Experience Certificate will be required. But ultimately justice Loadh directed the Registrar, Tripura University (Central), respondent no.2, herein to facilitate the submission of application of the petitioner through proper channel for the post of Professor (Commerce) in terms of the advertisement dated 04.10.2024.

In the light of aforesaid discussion and keeping in mind the conduct of the Tripura University (Central), justice Lodh imposed a cost of Rs 25,000/- (Rupees twenty five thousand) as compensation in favour of the petitioner. The high court disposed the case.