Dr Bikramaditya Kumar Choudhary v. Jawaharlal Nehru University

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DR BIKRAMADITYA KUMAR CHOUDHARY .....Petitioner Through:

Mr. Abhik Chimni, Mr. Gurupal Singh, Ms. Pranjal Abrol and Mr. Maaroof, Advocates.

versus JAWAHARLAL NEHRU UNIVERSITY .....Respondent Through:

Mr. Vasanth Rajasekaran, Senior Standing Counsel with Mr. Harshvardhan Korada, Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 12.12.2024 CM APPL. 73042/2024 1.

Exemption allowed, subject to all just exceptions. 2.

Application stands disposed of.

3.

This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India for a direction to the University to process the Petitioner's application dated 27.03.2017 for promotion under the Career Advancement Scheme ('CAS') with immediate effect. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Facts to the extent relevant are that the Petitioner was appointed as Assistant Professor (Stage-III) in the Centre for the Study of Regional Development, School of Social Sciences w.e.f. 10.09.2013. Petitioner became eligible for promotion to the post of Associate Professor (Stage-IV) under the said Scheme w.e.f. 10.09.2016. Petitioner accordingly submitted an application form under the CAS for promotion on 27.03.2017. On 24.02.2020, a communication was sent by the Petitioner to the Respondent University by an email inquiring about the status of the Petitioner's application concerning promotion. On 06.03.2020, Petitioner was informed that the Recruitment Cell had received his application after final verification from the IQAC Cell on 15.01.2020 and the Petitioner will be notified as and when the Selection Committee is convened.

However, after almost three years, i.e. on 10.03.2023, the Petitioner was telephonically informed by the Recruitment Cell that his application had some problem and he should contact the Academic Branch, which the Petitioner did, followed by a communication dated 03.05.2023, inquiring about the status of his pending application once again. Without resolving the said issue and processing his application, as per the averment in the writ petition, the Respondent has now issued a Memorandum of Charge on 18.07.2023 which has been communicated to the Petitioner making allegations referring to the alleged incidents of the year 2016.

5.

The limited relief that the Petitioner seeks in this writ petition is for processing his application which has been pending since 2017 and urges that the chargesheet now issued cannot come in his way for promotion, as he was entitled for consideration in 2017.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

Issue notice.

7.

Mr. Vasant Rajasekaran accepts notice on behalf of the Respondent. 8.

Without going into merits of the case as also the merits of the Charge Memorandum, this writ petition, at this stage, is disposed of with a direction to the Respondents to process the application dated 27.03.2017 for his next promotion under the CAS, in accordance with law. Needless to state that if the Petitioner is recommended, the promotion shall be granted with all consequential benefits, as per law. The decision will be taken within six weeks from today.

JYOTI SINGH, J DECEMBER 12, 2024 B.S. Rohella The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.