The Meghalaya High Court has dismissed a writ petition filed by an assistant professor from the Department of Computer Science at Women’s College, Shillong, whose service was terminated in 2019.
The petitioner challenged the termination communicated via email on December 16, 2019, contending that the decision was made without due process of law. The petitioner sought reinstatement and consequential benefits from January 1, 2020, alleging that the termination lacked proper notice and violated principles of natural justice.
The College countered, stating that the petitioner was appointed without an interview and had conducted classes without a formal appointment order. It clarified that the Department of Computer Application was solely for the Higher Secondary Section and not for the College, as permission from the University was never obtained.
The College informed the Court that the petitioner was offered a full-time position in the Higher Secondary section with revised terms, which was declined. Furthermore, it emphasized that the petitioner had no substantive right to the post as he was an ad hoc employee.
The Court, after examining the facts, noted that the post of the petitioner ceased to exist due to the bifurcation of the Higher Secondary section, and there was no sanctioned post available. Chief Justice S. Vaidyanathan concluded that the petition was not maintainable as the petitioner’s position no longer existed, and thus, dismissed the writ petition.
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