PATNA, India, May 15 -- Patna High Court issued the following judgment on April 10:

1. This Court has extensively heard Mr. Anjani Kumar, learned Senior Advocate with Mr. Amit Kumar Jha, learned Advocate for the appellants-Nalanda University and Ms. Sharukh Alam, learned Advocate with Mr. Shantanu Singh, learned Advocate for the petitioner-respondent no. 1 herein.

2. The present intra-court appeal has been preferred by the appellants against the judgment and order dated 10.12.2024 passed by the learned Single Judge of this Court in C.W.J.C. No. 3979 of 2020 holding as follows:-

"Having heard learned counsel for the parties, considering the entire conspectus of the case and after going through the case records available on record, I am of the considered opinion that so far as the question of extension of Tenure Track is concerned, it is left to the wisdom of the ViceChancellor of the University to consider it, especially considering the entire track record and excellent performance of the petitioner within a period of two months, if the petitioner files an application showing his eagerness to rejoin the post. So far as the arrears of the increment, D.A. and other emoluments, if any, are concerned, the University is directed to calculate it in accordance with law and the same is directed to be paid to the petitioner within a period of three months from the date of receipt/production of a copy of this order. If the said payment is not made within the stipulated period, the same shall be made with an interest at the rate of 10% per annum from the date it is due till its payment."

3. The short facts, relevant for adjudication leading to filing of the present appeal, are summarized herein below:-

(a) Nalanda University, an international university of national importance under the aegis the Ministry of External Affairs, Government of India, is created under the Nalanda University Act, 2010, enacted by the Parliament.

3. The short facts, relevant for adjudication leading to filing of the present appeal, are summarized herein below:-

(a) Nalanda University, an international university of national importance under the aegis the Ministry of External Affairs, Government of India, is created under the Nalanda University Act, 2010, enacted by the Parliament.

(b) In pursuant to job advertisement dated 19.12.2013, inviting applications for various positions at Nalanda University, including for Tenure Track positions as Assistant Professor, the writ petitioner, holding the requisite qualification, applied for the post of Tenure Track position of Assistant Professor in the School of Historical Studies, Nalanda University, on 03.01.2014. Having gone through the rigors of interview process, the petitioner was declared successful and vide offer letter dated 23.06.2014, he was invited to join the University on the terms and conditions mentioned therein which he accepted and submitted his joining on 01.01.2015. An agreement between the petitioner and the University was reduced to writing in the form of a Faculty Employment Contract on 24.11.2015, inter alia, with the stipulation that the appointment is covered and governed by the provisions of the Nalanda University Act, 2010 along with Statutes, Ordinances and Regulations thereunder with further terms of employment that there will be tenure review at the end of 3rd year. Following the review process, on completion of contract, the services of the employee may be considered for confirmation or termination.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MyMyMiMyMDI1IzEjTg==-8uXoDWaemP0=)

Disclaimer: Curated by HT Syndication.