Patna High Court backs Nalanda University’s refusal to renew professor’s contract over Harvard fellowship

The bench heard the matter on April 10.

The order added that in terms of the agreement, the Nalanda University Act, 2010, and the statutes, tenure review was required, but in the facts of the present case, in a prolonged absence of the petitioner, the same could not be done, and for which the university cannot be blamed.

Case of Harvard fellowship and contract removal

The case arose from the university’s refusal to extend the contractual appointment of Dr Murari Kumar Jha, an assistant professor in the School of Historical Studies.

He was appointed on a tenure-track basis in 2014, with a contract stipulated to be entirely probationary. In 2018, he accepted a prestigious fellowship at Harvard University with the university’s “no objection”.

However, while he was abroad, his contract expired on December 31, 2018. The university subsequently issued an office order on February 18, 2019, informing him that his request for a contract extension had been refused.

The single judge of the Patna High Court originally disposed of his plea and left the question of extension to the “wisdom of the vice-chancellor”, directing the university to reconsider his track record if he applied to rejoin.

Additionally, the university was ordered to pay arrears of increments and emoluments within three months, carrying 10 per cent interest if delayed. The university challenged this order before the division bench.

‘Terminate’ or ‘discharge’ is not conclusive: Order

• The Supreme Court further observed and crystallised that the use of the expression “terminate” or “discharge” is not conclusive.
• Despite the use of such innocuous expressions, the court has to see whether the servant had a right to the post or the rank, or whether he has been visited with evil consequences.
• If the case satisfies either of the two tests, then it must be held that the servant has been punished, and the termination of a servant must be taken as a dismissal or removal from service.
• And if the requirements of rules and Article 311, which grants protection to a Government servant, have not been complied with, the termination of the service or the reduction in rank must be held to be wrongful and in violation of the constitutional right of the servant.

‘He went to Harvard with university’s permission’

• The university undoubtedly, on the request of the petitioner, issued ‘no objection’ on his visit to Harvard University, and there was approval of the competent authority.
• The petitioner left the university in August 2018 to join Harvard University in the USA to do his 10-month residential fellowship.
• Since the petitioner left the University and accepted the post-doctoral/visiting fellowship in the month August 2018 itself, and the period of the contract has further expired in December 2018, the university has come out with the impugned order and refused to accede to the request of the petitioner for an extension.
• In the considered opinion of this court could not be termed as a termination order on account of any deficiency, but the same has been taken in the interest of the university, as there cannot be any tenure track review in his prolonged absence.

• This court has no slightest hesitation to hold that a probationer ought to have been at least sounded about his performance during the period of probation.
• The services of a probationer must be seriously and properly assessed. In case of any deficiency in his service, he must be warned regarding such failure; merely because the employee is appointed on probation, and as soon as it is completed, he cannot be thrown out of employment arbitrarily.
• No doubt the probation period of an employee is the period of trial, extending opportunity to the employee to perform to the best of his ability and to the employer to observe his performance and to make up his mind regarding his confirmation.
• Since the petitioner, before completion of his probation period, with the permission of the competent authority of the university, accepted the prestigious Fellowship; admittedly, he was not present in the university for ten months period till June, 2019.