CUSAT Statute 18 – Teacher Who Declines To Be HOD In First Rotation Not Barred From Appointed As HOD In Second Rotation
Case: Dr. Jagathy Raj V.P. v. Dr. Rajitha Kumar S. & Ors.
Coram: Justices Ajay Rastogi and AS Oka
Case No.: SLP(Civil) No(s). 6392 of 2021
Court Observation: “Statute 18 of the University authorizes the Syndicate to nominate the teacher not below the rank of an Associate Professor with Ph.D or an equivalent post as prescribed by the UGC regulations for the purpose, as HOD according to seniority on a rotational basis for a period of three years. However, it would be open for the teacher who has been nominated as HOD to make a request that he/she shall be relieved of such a responsibility for academic reasons. What is being envisaged from Statute 18 is that teachers who are eligible according to seniority are being considered for HOD on a rotational basis for a period of three years, if shows unwillingness or makes a request to be relieved from such a responsibility for academic reason, can certainly be relieved for that rotation but there is no prohibition which deprives the teacher from being considered for appointment as HOD when the second rotational term becomes due. That being the reason, the University in two earlier precedents considered such teachers again who, at the first instance, had shown their unwillingness to join and later became HOD, keeping in view the paramount consideration not to disrupt the academic and research work of a senior Professor when his turn arises and if he has shown unwillingness, his seniority has to be given its predominance and opportunity is available to him to serve when the next rotation becomes due and that is the reason the appellant was also considered and recommended by the Syndicate to be nominated as HOD/Director School of Management Studies keeping in view the mandate of the Statute.”
“Although there is no prohibition under Statute 18, still if two views are possible and the University has interpreted in the way which serves the purpose keeping in view the paramount consideration to the academic and research work and the seniority of the teachers while considering for appointment as HOD/Director, School of Management Studies which was judicially examined and upheld by learned Single Judge of the High Court.”
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Keywords
CUSAT Statute 18