Promotion Dispute in Deen Dayal Upadhyay Gorakhpur University: Supreme Court's Decision

The Supreme Court of India recently delivered an important judgment in the case of Dr. Susmita Bhattacharya vs. Chancellor, Deen Dayal Upadhyay Gorakhpur University & Ors. This case revolves around the petitioner’s grievance regarding the denial of promotion under the Career Advancement Scheme (CAS) by the university, despite a directive from the Chancellor in her favor. The High Court dismissed the petition on the grounds of an alternative remedy, prompting the petitioner to approach the Supreme Court.

The case raises significant issues regarding academic promotions, the role of the University Grants Commission (UGC), and the interpretation of statutory remedies under the U.P. State Universities Act. The Supreme Court’s intervention in setting aside the High Court’s order and remanding the case for proper adjudication ensures that the petitioner’s claims receive due judicial scrutiny.

Background of the Case

Dr. Susmita Bhattacharya, the petitioner, is a faculty member who applied for a promotion under the Career Advancement Scheme. The Chancellor of Deen Dayal Upadhyay Gorakhpur University had directed that her case be considered favorably. However, the University rejected her promotion citing specific grounds. Feeling aggrieved, the petitioner filed a writ petition before the High Court seeking quashing of the University’s decision.

The High Court dismissed the writ petition, stating that an alternative remedy was available under Section 68 of the U.P. State Universities Act. The petitioner then approached the Supreme Court, arguing that the remedy suggested by the High Court was inadequate as it only directed the case back to the Chancellor, who had already ruled in her favor.

Arguments by the Petitioner

Dr. Bhattacharya, through her counsel, presented the following key arguments before the Supreme Court:

The University’s decision to reject her promotion was arbitrary and against the directives issued by the Chancellor.
Since the Chancellor had already directed the University to consider her promotion under the Career Advancement Scheme, the University was bound to comply.
The High Court erred in dismissing the petition on the grounds of alternative remedy, as the remedy provided under the U.P. State Universities Act was ineffective in her case.
The rejection of her promotion was in violation of the University Grants Commission (UGC) regulations, which govern faculty career advancements.

Arguments by the Respondents

The University and its representatives defended their decision with the following submissions:

The petitioner did not fulfill all the necessary requirements under the Career Advancement Scheme.
The University had the authority to independently assess promotion applications and was not strictly bound by the Chancellor’s directive.
The High Court rightly dismissed the petition, as the petitioner had the statutory right to appeal the University’s decision under Section 68 of the U.P. State Universities Act.

Supreme Court’s Observations

The Supreme Court examined the High Court’s reasoning and the nature of the alternative remedy provided under the U.P. State Universities Act. The Court observed:

“We are informed that the alternative remedy suggested by the High Court is to put the case before the Chancellor only. Therefore, we set aside the order passed by the High Court and remand the writ petition to the High Court to dispose of the same on merits, expeditiously and preferably before the Court closes for summer vacation.”

The Court noted that since the Chancellor had already ruled in favor of the petitioner, redirecting her case back to the Chancellor would not serve any purpose. Therefore, it was necessary for the High Court to review the case on its merits instead of dismissing it on technical grounds.

Final Judgment

The Supreme Court ruled as follows:

The order of the High Court was set aside.
The case was remanded back to the High Court for merits-based adjudication.
The High Court was directed to dispose of the case expeditiously, preferably before its summer vacation.
No costs were awarded to either party.

Legal and Academic Implications

The judgment in this case has significant implications for faculty promotions and university governance:

Role of the Chancellor: The case highlights the authority of the Chancellor in university matters and raises questions on whether university administrations can override directives from higher authorities.
Judicial Review: The ruling emphasizes the role of High Courts in reviewing administrative decisions in academic institutions and ensuring procedural fairness.
Alternative Remedy Doctrine: The Supreme Court’s decision clarifies that an alternative remedy should be effective and meaningful, and courts should not dismiss cases where such remedies are inadequate.
UGC Regulations: The case also underscores the importance of adhering to UGC norms in faculty promotions and career advancements.

Conclusion

This judgment serves as a reminder of the importance of judicial oversight in academic matters, ensuring that universities follow due process while deciding faculty promotions. The Supreme Court’s intervention ensures that Dr. Bhattacharya’s grievance is examined on its merits rather than being dismissed on procedural grounds. The case is now back in the High Court, where a final decision will be made regarding her eligibility for promotion.

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Download Judgment: Dr. Susmita Bhattach vs Chancellor, D.D.U. G Supreme Court of India Judgment Dated 27-02-2017.pdf

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