The state higher education department has decided to seek legal opinion on whether Rabindra Bharati University was well within its rights to terminate its registrar’s service despite the department asking it to refrain from taking any action because the issue was “under judicial scrutiny”.
The department has placed the matter before its law cell.
Opinion of the state’s advocate general has been sought to determine whether the university’s move to terminate the service of a registrar appointed by the state government is justified, a senior official of the department said.
In November, the higher education department had written to Rabindra Bharati University (RBU) asking it not to hold its executive council meeting on December 4 stating several reasons.
The letter pointed out the proposed discussion on the disciplinary proceedings against then-suspended registrar Subir Maitra, an issue “presently under judicial scrutiny” should not be a part of the agenda.
An official of the department said a subject under judicial scrutiny cannot be discussed in an executive council meeting.
The university, however, held the meeting and sacked the registrar.
An RBU official cited an order of a single-judge bench of the high court that the retirement age of accompanists be raised from 60 to 65 years.
Maitra had refused to comply with the order and a contempt case was filed against him last year.
Initially, the university had suspended him.
Later, the university decided to terminate him following the completion of disciplinary proceedings, said an RBU official.
Maitra’s lawyer Arunangshu Chakraborty said they had filed a case questioning whether an “authorised” (officiating) vice-chancellor could suspend and initiate disciplinary proceedings against a registrar.
Chakraborty on December 13 sent a legal notice to the RBU’s officiating VC on charges of initiating disciplinary proceedings despite a court case pending before the division bench.
VC Suvro Kamal Mukherjee told Metro: “If the department is taking legal opinion on the issue, let them take it. I don’t have anything to say”.
According to the department’s rules, until the department gives its permission, any meeting of the university’s highest-decision-making body cannot be held.
The department is also taking legal opinion on whether an authorized VC could hold a meeting without the approval of the department.
The state government’s letter to the RBU acting registrar on November 29 said: “Since there is no regular vice-chancellor at RBU, holding executive council meeting will be in violation of “Rule 3 (5) of the West Bengal State University (Terms and Conditions of the Vice-Chancellor)…..Rules 2019 if done without the approval of the state government. No such approval has been granted from this end.”
Since July 2023, the university has been running under a former chief justice of the Karnataka High Court. The governor allegedly appointed him as the officiating VC without consulting the state government.
“It seems the process was not followed while terminating the registrar’s service. Still, we are taking legal opinion before seeking a report from the university,” said a higher education department official.
Last updated on 30 Dec 2024
