H.N. Sarma, J.
1 This writ petition is filed by the Pachhunga University College Teachers' Association (hereinafter referred as 'PUCTA') praying for a direction to the respondent authorities to prepare and publish a Common Seniority List of the Pachhunga University College and that of the Mizoram University and to place their names in the proper position, to open the avenues for their future promotional prospect in terms of the Mizoram University Act and Rules/Regulation framed thereunder.
2. I have heard Mr. George Raju, learned Counsel for the petitioners and Mr. N. Sailo, learned Advocate, Mizoram appearing on behalf of Respondent No. 4 and Mr. M. Zothankhuma, learned Counsel for Respondent Nos. 5 & 6. In view of the changed circumstances prevailing now, after coming into effect of the Mizoram University, all the teachers and officers of the NEHU, who were connected with the affairs of the North Eastern Hill University (for short, 'NEHU') that covered by the State of Mizoram, having been transferred to the Mizoram University, the NEHU is not contesting this proceeding. The initial prayer made by the petitioners against NEHU at the time of filing the writ petition, the petitioners have not been claimed against the Mizoram University. So, Mr. M. Zothankhuma though appeared, he has ' submitted that Mizoram University is not contesting the case and does not oppose the prayer of the petitioner.
3. In the aforesaid situation, the contest in this proceeding remains only in between the two associations i.e., the Pachhunga University College Teachers' Association, the petitioners and Mizoram University Teachers' Association, the Respondent No. 4.
4. Pachhunga University College originally named as Aizawl College was established on 14.8.1958 as premier institution for imparting higher education at Aizawl to cater the needs of aspirants for college education belonging to the then Lushai Hills districts of Assam. The college was later on named as Pachhunga Memorial College and after creation of Union Territory of Mizoram in the year 1972, it stood as the sole Government College of Union Territory of Mizoram. At that point of time there was no University within the geographical boundary of Mizoram and it was only the Pachhunga College which was affiliated to the NEHU, after its establishment by the Central Government w.e.f. 19.7.93 enacting the North Eastern Hill University (NEHU) Act, 1973.
5. While Pachhunga Government College was under the management of the NEHU, the university having expressed the desirability and possibility of making aconstituent College of the University at Aizawl as a Pace-Setting Institution and also a University Campus for opening University departments at Aizawl to meet the aspirations and the long left need of the people of Mizoram, the said Pachhunga Government College was so converted and accorded the status of University College by NEHU by upgrading its statues. The said up-gradation was made by entering into a Deed of Agreement between the President of India represented by the Governor of Mizoram (then a Union Territory) and the NEHU. The agreement was made on 19.4.79 which is executed by Sri P. Rohmingthanga, the then Secretary to the Government of Mizoram, Education Department on the one side and Sri D.K.C. Grover, Registrar of NEHU on the other side. The agreement is also witnessed by four officials of higher status, two from the side of the Union Territory of Mizoram and two form the side of the NEHU. Since the entire dispute as projected in this writ petition pertains mainly on the interpretation, object and scope of the aforesaid Deed of Agreement, the same is quoted herein below:
This Deed of agreement made this the nineteenth day of April One thousand nine hundred and seventy nine, Between the president of India acting through the Lt. Governor (Administrator of the Union Territory of Mizoram) (hereinafter referred to as the 'Government', which expression shall, unless the context otherwise requires, include its successors and assigns) of the First Part and the North Eastern Hill University, which is a body corporate established and constituted under Section 3 of the North Eastern Hill University Act, 1973 (hereinafter referred to as the 'University', which expression shall, unless the context otherwise requires, include its successors and assigns) of the Second Part.
Whereas the University, which has its headquarters at Shillong has been established for the benefit of the people of the hill areas of the North Eastern Region and to develop the intellectual, economic and cultural background of the said people;
And whereas the jurisdiction of the University extends to the states of Meghalaya, Nagaland and the Union Territories of Arunachal Pradesh and Mizoram (vide Section 1(2) of North Eastern Hill University Act, 1973,-hereafter referred to as the Act);
And whereas the University has expressed the possibility and desirability of having a constituent college at Aizawl as a pace-setting institution and also a University Campus for opening University departments at Aizawl to meet the aspirations and the long felt need of the people of Mizoram;
And whereas the Government also desires to have a constituent college of the University using maintained in the capital of Mizoram in pursuance of Resolution No. 4 dated 26th September, 1975 of the Mizoram Legislative Assembly;
And whereas the Government and the University have, after a arrive of discussions and deliberations, arrived at a mutual Agreement on the terms and conditions hereinafter appearing;
Now, therefore, this Deed witness as follows:
1. In this Agreement--
(a) 'Appointed Date' means the date of making Pachhunga College a University College of the University,
(b) 'University College' means Pachhunga University College, Aizawl,
(c) 'University Department' means Postgraduates Teaching Departments.
2. On and from the nineteenth April 1979. Pachhunga College, Aizawl becomes upgraded to the status of a University College of the University.
3. On and from the appointed date Pacchunga College is renamed 'Pachhunga University College', Aizawl.
4. All the teaching and administrative staff of Pachhunga College who have been recruited and appointed on the recommendation of Assam Public Service Commission and/or a Selection Committee constituted by the Government will be absorbed in the service of the University with effect from the appointed date. Each teaching and non-teaching staff may, however, but for the service of the Government within a period of one year from the appointed date. Once an option is exercised, it shall be treated as final. The University shall not insist on M. Phil degree or Ph. D. degree for the teaching staff who have already completed five years of service under Government and those who have not completed five years of service will be given a chance to obtain M. Phil or Ph. D degree on a priority basis within a period of five years from the appointed date. The University will take responsibility to provide them facilities for the improvement/study programme.
5. From the appointed date there will be two categories of teachers, namely Lecturers and Readers. However, one sixth of the total number of teaching posts will be in the category of Readers as per norms of the University Grants Commission. The teachers in the existing Pachhunga College Designated as Professors now will be given preference while making recruitment to the posts of Readers to be created by the University. The pay of the existing Professors will be protected, and in addition, they will be given two advance increments in the lecturer's grade and they will also be eligible to engage post-graduate classes.
6. On and from the appointed date Pachhunga College will be under the management of the University in all matters.
7. The teaching and administrative staff shall, after absorption in the University service, be given the appropriate scales of pay applicable to the corresponding staff in the University service at Shillong.
8. In the case of all teaching and administrative staff absorbed in the University service, the service already rendered to the government will be treated as service rendered to the University.
9. There shall be at least one representative from Mizoram nominated by the Government and approved by the Academic Council and Executive Council of the University in the Selection Committee for teachers of Pachhunga University College.
10. In the future appointment of teachers, other things being equal, preference will be given to qualified an eligible Scheduled Tribes candidates from Mizoram.
11. The Existing Pre-University and Degree classes in Pachhunga College will continue to co-exist in the University College till alternative arrangements are made.
12. On and from the appointed date, the Pachhunga College building, laboratories, staff quarters etc., and all the infrastructure of the College with its sets and liabilities and obligations immediately before the appointed date shall also be transferred to the University. The land area now held by the Pachhunga College will be transferred to the University on lease for ninety-nine years, renewals for a further period on terms and conditions mutually agreed. Pockets of land privately owned with the area demarcated for Pachhunga College will also be handed over to the University by the Government free from all incumbrances.
13. A Co-Ordination Committee, constituted by the University and the Government shall arrange the transfer of all the properties of Pachhunga College to the University.
14. There shall be a Pachhunga University College Governing Body which will be constituted by the University in consultation with the Government on the lines of the Governing Body constituted for the University Agriculture College, Nagaland.
15. The tenures, remuneration and terms and conditions of service of all the teaching and non-teaching staff who are absorbed under the University shall not be altered to their disadvantage.
16. There will be a periodical review of the programme and development of the Pachhunga University College by a term of Officers and Experts annually for the first two years and at intervals of two years thereafter up to ten years. The term of Officers and Experts shall be jointly constituted by the University Grants Commission, and the Government.
17. As soon as possible, after the taking over of Pachhunga College by the University, the University shall open a university Campus in Mizoram on a lend made avail is by the Government.
18. The teaching and non-teaching staff of Pachhunga College who opt for Mizoram service after taking over of the College by the University will be on deputation with the University without deputation allowance till such time as the Government can arrange suitable posts for their absorption in the service of the Government.
19. It is hereby agreed by and between the parties that the stamp duty in respect of this Agreement shall be borne by the Government.
In witness whereof Shri P. Rohmingthanga Secretary to the Government of Mizoram, Education Department, for and on behalf of and by the order and direction of the President of India and Shri D.K.C. Grovor Registrar of the North Eastern Hill University for and on behalf of the University have signed this Deed of Agreement on the day and year first above written.
Signed by Signed by
Shri P. Shri D.K.C. Grovor
Rohmingthanga Registrar for and on
Secretary to the Govt. of behalf of the North
Mizoram, Education Eastern Hill University
Department in the presence of
For and on
behalf of and by the
Ordep and direction of
the President of India,
in the Presence of
Witnesses : Witnesses
(1)__________________ (1)_________________
(Dr. L.N. Tluanga) (Dr. A.G George)
Director of Education Dean, School of
Mizoram, Aizawl. Languages NEHU,
Shillong
(2)___________________ (2)_____________________
(Shri Hranthanga) (Dr. P.S. Ramakrishnan)
Joint Director of Dean, School of
Education Life Sciences
Mizoram, Aizawl NEHU, Shillong
6. As aforesaid, Pachhunga Government College was the only Government College of Union Territory of Mizoram and both the NEHU and Union Territory of Mizoram were competent to arrive at the aforesaid agreement regarding the up-gradation of Pachhunga Government College as a Constituent College of NEHU as a Pacesetting Institution and for a University Campus for opening University departments at Aizawl. None of the parties has disputed the aforesaid position. In terms of the aforesaid agreement, the Pachhunga Government College came to be a Constituent College of NEHU and its status was upgraded to the level of a University College of NEHU w.e.f. 19.4.79 on the terms and conditions as mentioned in the said agreement.
7. According to the petitioners, the teachers and employees of the then Pachhunga Government College having been a part of the NEHU, they are entitled to get their names included in a Common Seniority List along with other teachers of NEHU. The NEHU authority not having done the same the petitioners approached this Court by filing this writ petition praying for necessary direction for preparation and publication of the Common Seniority List containing the names of the petitioners therein in appropriate position.
8. A learned Single Bench of this Court vide Judgment and Order dated 16.2.01 allowed the writ petition and directed the NEHU authorities to prepare such a Common Seniority List and publish the same and in pursuant to the said judgment and order a Draft Seniority List was also published. At that stage, the present Respondent No. 4 Association having agitated the matter before a Division Bench of this Court in Writ Appeal No. 2/2002, the said judgment of the learned Single Judge was set aside on 5.5.05 as the same was rendered without impleading the Respondent No. 4 as party respondent to the proceeding and behind their back, without giving then any opportunity to contest and remanded the matter back for fresh disposal.
9. Now let us see the status of the PUCTA, after formation of the Mizoram University at Aizawl vis-a-vis the agreement dated 19.4.79, referred to above. The Central Government enacting the Mizoram University Act, 2000 established Central University known as Mizoram University at Aizawl w.e.f. 2.7.01. In terms of Section 33(1) of the Mizoram University Act, every person who immediately before the commencement of the act was holding or discharging the duties of any post or office in connection with the affairs of the NEHU in any area which on that day falls within the State of Mizoram would be deemed to having transferred to the services of the Mizoram University on the same terms and conditions and with the same rights and privileges as to pension, gratuity, provident fund and other matters as would have been fallen under the NEHU Act, 1973. In view of the said statutory provision the services of the PUCTA deemed to have been transferred to that of the Mizoram University on the same terms and conditions under which it was serving under the NEHU as per the agreement, the status of upgradation of the Pachhunga College also remaining the same.
10. Mr. Raju, learned Counsel for the petitioners contends that in view of the express provisions of the agreement as contained particularly in view of Clauses-4, 5, 6, 7, 8 and 15, the claims of petitioners for inclusion in the Common Seniority List of the teachers in the Mizoram University cannot be denied and by not allowing the same great injustice have been caused to the members of PUCTA to their disadvantages, having for reaching consequences in their future promotional career.
11. Mr. N. Sailo, learned Counsel appearing on behalf of the respondents No. 4, refuting the said arguments submits that no doubt an agreement has been entered into by the competent authorities on 19.4.79, in the absence of integration of services of the members of PUCTA with those of the teachers under NEHU or that matter with those of the Mizoram University, the petitioners are not claim to include their names in a Common Seniority List along with the teachers of the Mizoram University. Learned Counsel further submits that the petitioners are teachers in respect of a college which impart education to teach only under-graduate students and their services cannot be equated to that of the University teachers and accordingly their claims are misconceived.
12. Both the learned Counsel have led me to their respective pleadings including the documents annexed thereto. I have given my thoughtful consideration to the rival submissions made by the contesting parties.
13. As indicated above, the Mizoram University has not disputed the claim of the petitioners and it is the teachers' association of the Mizoram University, who feeling aggrieved seriously contested the issue. The admitted position as noted hereinabove is that in terms of the agreement dated 19.4.79, the status of the Pachhunga Government College have been upgraded to that of the University College of Mizoram University even changing the name of the 'Pachhunga Government College' to 'Pachhunga University College' and the Mizoram University authority is exercising their dominance over them.
14. As per Clause-4 of the agreement all the teachers and administrative staff of the Pachhunga College who were recruited and appointed on the recommendation of the Assam Public Service Commission and/or a Selection Committee constituted by the Government were absorbed in the services of the University with effect from 19.4.79. The said clause further provided that the University should not insist for M. Phil degree or Ph. D. degree for filling up the staff who have already completed five years of service under Government and those who have not completed five years of service would be given a chance to obtain M. Phil or Ph. D. degree on a priority basis within a period of five years from the date of agreement i.e., 19.4.79 and the University would take responsibility to provide them facilities for the improvement/study programme.
As per Clause-5 from the date of agreement there will be two categories of teachers in the college, namely Lecturers and Readers. However, one sixth of the total number of teaching posts will be in the category of Readers as per norms of the University Grants Commission. Further the said clause provides that the teachers in the existing Pachhunga College designated as Professors now will be given preference while making recruitment to the posts of Readers to be created by the University. The clause also provides that the pay of the existing Professors will be protected and they will be given the advance increments in the Lecturer's grade.
As per Clause-7 all the teachers and administrative staff of the Pachhunga College after absorption in the University service be given the appropriate scales of pay applicable to the corresponding staff in the University service at Shillong.
As per Clause-8 of the agreement it is provided that all the teachers and administrative staff absorbed in the University service, the service already rendered to the Government will be treated as service rendered to the University, thus protecting the past service of the members of the PUCTA. It further contends that there shall be at least one representative nominated by the Mizoram Government and approved by the Academic Council and Executive Council of the University in the Selection Committee for teachers of Pachhunga College. It also provides that the existing Pre-University and Degree classes in Pachhunga College was allowed to continue till alternative arrangements are made.
In terms of Clause-15 of the agreement the tenure, remuneration and terms and conditions of services of the teaching and non-teaching staff, who are absorbed under the university should not be altered to their disadvantage.
15. The aforesaid requirements as per the agreement have been complied with by the University. After the creation of the Mizoram University, the University authority also made certain recruitment to the post of Lecturers for Pachhunga College sticking to the terms as provided by the University Grants Commission relating to qualification for appointment of such Lecturers. As submitted at the Bar, so far the appointment of the Lecturers in the Pachhunga College and Mizoram University is concerned apart from other academic educational qualifications, a candidate is also required to be qualified in NET examination and in the event of not having such NET qualification such candidate should possess a Ph. D. degree. However, it is submitted by Mr. Sailo that so far the appointment of Lecturers in Pachhunga College is concerned a candidate can be appointed as Lecturer even without having NET or Ph.D. degree provided such candidate possess the qualification of M. Phil degree as per University Grants Commission guidelines, which is not the case in respect of appointment of lecturers in the University. The qualifications required for appointment of a Lecturer in the University, a candidate must either have to qualify NET examination or must have Ph. D. degree. It is also to be noticed herein that after the date of agreement i.e., 19.4.79, the entire recruitment process of the Pachhunga College was done at the behest of the University under its supervision and it is the University authority who used to make such appointment in the post of Lecturer, constituting a Selection Committee in terms of the norms and guidelines issued by the University Grants Commission in terms of the selection made by the University authority. The appointment of such selected candidate to the post of Lecturer is made only by the Registrar of the University.
16. As pointed out by Mr. Raju, learned Counsel for the petitioners and also as disclosed from the materials available before the Court the services of the Lecturers of the college are being taken by the University authority for teaching in their respective postgraduate departments from time to time. Members of the PUCTA have also been entangled in the other administrative works of the University, which can be seen from the notification appended as Annexure-14 of the writ petition showing that the members of the PUCTA are involved in conducting inspection of the affiliated colleges of the University. The Lecturers of the Pachhunga College were also acting as supervisors for the research works done by the students even from outside the State. So far it relates to promotion/appointment to the cadre of Readers, Clause-5 of the agreement takes care of this situation. From the records available before the Court and after hearing learned Counsel for the parties, it is found that in Pachhunga College at present there are as many as 86 numbers of Lecturers out of which 8 (eight) are given the status of Readers under the career advancement scheme adopted by the University authority in terms of the norms of the University Grants Commission. Rest of the teachers are serving as Lecturers only. There are some Lecturers of the College who did not have the requisite qualification of NET or Ph. D degree justifying for promotion/ appointment to the further higher rank of Readers and Professors. Mr. Raju contends that out of those 86 lecturers, 19 members are now having Ph. D. qualification.
17. There is another aspect of the matter to the effect that after the establishment of the Mizoram University, the entire financial burden of the college is being borne by the University, The recruitment of the Lecturers are also been made at the behest of the University, as detailed above. The High Power Committee which was constituted to look into the grievances of the members of PUCTA upon which much reliance has been hammered by Mr. Sailo, opined that Pachhunga University College was under the management of the University but the selection procedure of appointment is different from the procedure adopted in the recruitment of Central University. This observations of the High Power Committee is difficult to accept in view of the discussion held hereinabove relating to recruitment of Lecturers of the Pachhunga College, after establishment of the Mizoram University Act.
18. The agreement in question was arrived at by the competent authorities having jurisdiction and power to make such agreement and the said jurisdictional authority to enter into such an agreement has not been challenged at any point of time. Rather it is being accepted by the all concerned till date. Clause 4 and 5 of the agreement provides that the procedure of treatment as well as fitment of the teachers of the Pachhunga College after their absorption into the University services, the agreement clearly disclose about the status of the members of PUCTA who were absorbed in the University services. The purpose for which the agreement was arrived at as disclosed form the cause-title of the agreement offers a guiding factor in interpretation of the terms of the agreement. Upon such consideration and in view of the above discussion in my considered opinion it will highly injustice to deny the dues of the petitioners' association only in view of certain observation of the High Power Committee constituted by the NEHU, in which out of 12 members only two members are from PUCTA and 10 members are from NEHU only.
19. The agreement entered into between the parries is a solemn act emanating from high ranking educational personalities. By virtue of the said agreement certain rights and privileges are conferred upon the members of the PUCTA and their rights and privileges pertain to their career advancement apart from other objects.
20. Mr. Raju has pointed out that although there were 8 members of Readers in the college, out of them seven have already left the college for not having any career advancement opportunity to the further higher rank of Professors due to the attitude of the respondents and presently the college is left with only one such Reader. Looking into this angle, it appears that Mizoram University has not objected to the prayer of the petitioners in this writ petition. The apprehension expressed by the respondents association appears to be mis-conceived one inasmuch as none of the persons lacking requisite qualification to hold the post of Lecturer in the University as per University Grants Commission norms and regulation are entitled to get a berth in the seniority list of Lecturer for lack of required qualifications and could be included in the cadre of Lecturers.
21. In view of the aforesaid discussion, I am of the considered opinion that the members of the PUCTA are entitled to be included in the Common Seniority List of the Lecturers only, to be prepared by the University along with the Lecturers of the University. However, the Lecturers who have possessed the requisite qualifications for holding the post of such Lecturers in the Mizoram University in terms of the norms, guidelines and regulations farmed either by the Mizoram University or University Grants Commission would only entitled to be included in the said seniority list. The University shall publish such a necessary seniority list in compliance with the aforesaid observations and directions, preferably within a period of 3 (three) months from today.
22. Subject to the aforesaid observations and directions, this writ petition stands allowed.
.