‘Over-Enthusiastic Letter Written By Vice-Chancellor Against The Interest Of The University Founder Rabindra Nath Tagore’, Says Calcutta High Court while Aiding the Head of the Department of Physics of Visva Bharati University.
Title: Manas Maity v. Visva-Bharati & Ors
Decided on: 27th October 2023
WPA 9029 of 2023
Coram: Hon’ble Mr. Justice Abhijit Gangopadhyay
Introduction
Calcutta High Court has provided an interim measure to the Head of the Department of Physics of Visva Bharati University, who was initially selected for a collaborative research project but later suspended by the letter of vice-chancellor of the same university.
Facts of the Case
A petition was filed by a Professor and the Head of the Department of Physics of Visva Bharati University, who was initially selected and permitted by the University Visva Bharati for the collaborative research project entitled ‘Indian Participation in the CMS experiment at CERN: Maintenance, Operation and Upgradation’. Due to a letter issued by Visva-Bharati, signed by the Vice-Chancellor Bidyut Chakrabarty, Department of Science and Technology Government of India they were informed about alleged suspension of the petitioner due to being involved in activities vitiating the academic environment of the University and that in view of the suspension, DST was unable to consider sanction of the project to the University under his guidance.
Court Analysis and Decision
Court noticed that the suspension order communicated by Visva-Bharati was already set aside by order of court on 13.12.2022. The person being the Vice- Chancellor not only acted against the petitioner who was the Head of the Department of Physics but also acted against the interest of the University. The judge worried how such a person was continuing as Vice-Chancellor of a University who himself wants to damage the University’s beneficial attainments. According to the judge Bidyut Chakrabarty should be removed from the post of Vice-Chancellor of the University, as he categorically wrote a letter to the Department of Science and Technology, Government of India for which not only the University would be deprived but also the interest of the country in the field of Science and Technology has been jeopardized. Mr. Bidyut Chakrabarty, though made a respondent party and the writ application having been served upon him, has not appeared before court.
The petitioner was directed to add the Ministry of Education, Government of India forthwith as a party respondent in this matter. As the suspension of Mr. Manas Maity, the petitioner was set aside by the court under WPA 16662 of 2022, the order to place petitioner under suspension has reached its finality. Hence, an interim measure was directed to the University to conclude the disciplinary proceeding by two months from date but effect thereof cannot be given for two weeks if the order of the proceeding goes against the petitioner. The University must reissue the endorsement certificate by seven days from the date of communication of the order and on the basis of such endorsement, the Department of Science and Technology shall include Visva-Bharati, where the petitioner would work. The matter is set to appear before court three weeks after puja vacation.
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Written by- K R Bhuvanashri