UGC Regulations Don’t Authorise University To Revoke Leave Benefit To Teacher During Pendency Of Disciplinary Proceedings: Calcutta High Court

The Calcutta High Court recently held that UGC Regulations, 2018 do not authorise a university to revoke any leave benefit where a disciplinary proceeding is contemplated or initiated against a teacher.

While relying upon clause 8.2 (d) of the UGC Regulations, 2018, the single judge bench of Justice Kausik Chanda observed:

“In my view, the said clause duly outlines the course of action to be taken in the event where a disciplinary action has been initiated against a teacher. The said rule does not authorise the university to revoke any leave benefit where a disciplinary proceeding is contemplated or initiated against a teacher.”

The petitioner is an Assistant Professor in the Department of Drama at Visva-Bharati. He was selected for a Senior Fellowship in Theater for 2019-2020 by the Ministry of Culture, Government of India, for a period of two years with effect from November 1, 2021.

To avail the said fellowship, the petitioner applied for study leave before the Vice-Chancellor of Visva-Bharati by a letter dated December 13, 2021, and again, on April 7, 2022, he submitted another application for study leave through proper channel to the Executive Committee of Visva-Bharati.

However, the university declined to grant such study leave by a letter dated May 4, 2022, on the sole ground that as a suspended employee, the petitioner is not entitled to such leave in terms of Rule-55 of the Fundamental Rules and CCS (Leave Rules) [Fundamental Rules].

The petitioner challenged the disciplinary proceedings and suspension. The same was quashed and set aside by the High Court vide order dated February 27, 2022 and March 30, 2022 respectively.

The petitioner in the present writ petition has challenged the impugned communication dated May 4, 2022 of the university.

It was contended by the petitioner that Visva-Bharati is a Central University and an autonomous body, it is bound by the UGC Regulations, 2018, and therefore, the rejection order based upon Rule 55 cannot be sustained.

It was argued on behalf of the university that UGC Regulations, 2018, do not constitute a complete code for granting or denying study leave as a condition of service.

It was further submitted by the university that the UGC Regulations, 2018 do not override the applicability of Fundamental Rules to the academic staff of universities since the latter applies in the field of law dealing with leave applications, while the former only provides for the entitlement to leave.

The court observed that the appointment letter of the petitioner clearly indicated that the terms and conditions of his service including leave would be governed by the Acts, Statutes, Ordinances, and the Rules of the University as well as the directives of UGC/MHRD as may be enforced from time to time.

The court further noted that UGC Regulations, 2018, are applicable to the Visva-Bharati by operation of clause 1.2 of the UGC Regulations, 2018 and Executive Committee of the University vide resolution dated July 7, 1989 stated to follow the UGC instructions in absence of its own Rules.

The court held:

“The said UGC Regulations, 2018, provide for an exhaustive set of leave rules when Visva-Bharati does not have its own. There cannot be any doubt that the provisions for leave contained in UGC Regulations, 2018, shall apply to the petitioner.”

Accordingly, the court set aside the impugned communication dated May 4, 2022 and directed the university to grant study leave to the petitioner within 7 days.

Case Title: Shri Rajesh K.V. Alias Rajesh Kaleerakath Venugopal v. Visva Bharati & Ors.

Citation: 2023 LiveLaw (Cal) 58

Coram: Justice Kausik Chanda

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