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HIGH COURT OF DELHI
Date of Order: May 02, 2018
DR. LIPI BISWAS SEN ..... Petitioner
Through: Mr. Sanjoy Ghose with Ms. Urvi Mohan and Mr. Shwetank Singh, Advocates
Through: Ms. Monika Arora, Advocate for R-1 and 2.
JUDGMENT
1. Petitioner vide letter of 3rd May, 2016 (Annexure P-7) was appointed as Assistant Professor in Centre of Spanish, Portuguese, Italian and Latin American Studies, School of Language, Literature and Culture Studies on regular basis.
2. It is the case of petitioner that all of a sudden, vide impugned Memorandum of 20th April, 2018 (Annexure P-1) the Committee constituted by the Executive Council of respondent University, proposed changing the status of petitioner from regular to contractual basis because of her foreign nationality at the time of selection. As per aforesaid Memorandum (Annexure P-1), three days time has been given to petitioner to furnish her explanation in respect of aforesaid Memorandum. 2018:DHC:2840 W.P. (C) 4674/2018
3. It is evident from impugned Memorandum (Annexure P-1) that petitioner’s tenure of five years is to expire on 5th May, 2018 and as per the recommendations of the said Committee, the post in question is to be re-advertised.
4. In the facts and circumstances, it is deemed appropriate to dispose of this petition while permitting petitioner to furnish her explanation to the impugned Memorandum within a period of two weeks from today and till the clarification sought from UGC is obtained and effective orders are passed in relation to the impugned Memorandum, status quo as of today in respect of petitioner’s service be maintained, subject to her furnishing an undertaking to Registrar of respondent-University, to the effect that if UGC’s clarification is to the contrary, then petitioner would be liable to refund the pay and allowances received by her, during the interregnum. Let that aforesaid undertaking be furnished within 48 hours from today.
5. Needless to say, if petitioner is aggrieved by the outcome of the Memorandum, then she will have an opportunity to have recourse to law, as available.
6. With aforesaid directions, this petition and the applications are accordingly disposed of. A copy of this order be given dasti to learned counsel for the parties.
JUDGE MAY 02, 2018 P