Delhi High Court recently ruled on the case involving Dr. Sushama Talegaonkar and Respondent University. The judgement provides clarity on the show cause notice issued to Dr. Talegaonkar regarding alleged non-submission of an experience certificate. Learn more about this significant legal development here.
Facts
- Respondent issued show cause notice to Petitioner on 06.05.2024 for alleged violation of advertisement terms
- Petitioner filed reply on 14.05.2024 to show cause notice
- Respondent previously requested copies of experience certificate from Petitioner on 28.07.2017
- Petitioner joined as Associate Professor on 17.08.2017
- Petitioner submitted experience certificate from Jamia Hamdard University on 28.09.2017
- Petitioner continued to serve as Associate Professor till date 6
Arguments
- The petitioner was appointed as an Associate Professor based on an advertisement issued on 27.08.2016.
- The appointment acceptance was done on 03.07.2017 without any questions regarding the petitioner’s qualifications.
- The show cause notice issued to the petitioner is considered illegal and falls within the ratio laid down by the Supreme Court.
- No essential qualifications of the petitioner were doubted in the show cause notice dated 06.05.2024.
- The petitioner’s credentials were verified by the university and found to be genuine.
- The petitioner has been confirmed and serving as an Associate Professor since 2017.
- The petition was filed to prevent coercive termination based on allegations of non-submission of an experience certificate.
- The allegation of non-submission is disputed as the certificate was submitted on 28.09.2017.
- The petitioner has already submitted a reply to the show cause notice which is under consideration.
- Show cause notice issued to Dr. Sushama Talegaonkar to produce original educational certificates, degrees, experience certificate, and caste certificate within 7 days.
- Dr. Sushama Talegaonkar submitted an application mentioning she had requested her previous employer for the experience certificate, which was likely to be issued shortly.
Analysis
- Dr. Sushama Talegaonkar did not have an experience certificate until 20.09.2017.
- She submitted self-attested copies of teaching experience certificate from Jamia Hamdard University on 28.09.2017.
- The issuance of the show cause notice was based on the delay in submitting the experience certificate, not on lack of qualification or experience at the time of interview.
- It is acknowledged that the experience certificate was eventually submitted and verified by the University before offering her the Associate Professor position.
- The facts of the present petition are similar to the case of Rimjhim (Supra).
- The petitioner has already filed a reply to the show cause notice.
- The Competent Authority is directed to consider the facts and the judgment of the Supreme Court in Rimjhim (Supra).
- In other cases, the petitioner has been granted 10 days protection, so it would be unfair to deny the same relief in this case.
Decision
- The petitioner is granted a protection of 10 days from any coercive action grievances.
- No further orders are required except to direct the Competent Authority of the respondent-university to consider the observation while passing orders.
- The petition is disposed of with the above observations.
Case Title: SUSHAMA TALEGAONKAR Vs. DELHI PHARMACEUTICAL SCIENCES AND RESEARCH UNIVERSITY & ANR. (2024:DHC:4403)
Case Number: W.P.(C)-7619/2024
