Details |
An employment notification was published for appointment in the post of
Professor by the Bangabandhu Sheikh Mujib Medical University (the BSMMU).
The employment notification, appointment of the writ petitioner, service of
the petitioner as professor for about 7 years in the BSMMU and that after
cancellation of his appointment, the repeated request of the BSMMU
authority to take class in FCPS and MS (final) course in the BSMMU and from
repeated inquiries and reports of the Inquiry Committees it appears to us
that the turnabout of the BSMMU authority in flip-flopflipin stance has put
the writ petitioner in a predicament which should be deprecated. Conclusion
arrived at by the High Court Division does not calls for any interference.
...Bangabandhu Sheikh Mujib Medical University=VS=Dr. Zahidul Haq, (Civil),
2019 (1) [6 LM (AD) 215] ....View Full Judgment
It clear that in case any of the teachers has been working elsewhere or
has been working in a different capacity in the Institute, such
teachers shall not be entitled to the benefit of the above
declaration. Their further fate will depend on the fresh decision to
be taken by the appellant. .....Indian Institute of IT =VS= Dr. Anurika
Vaish, (Civil), 2017 (2)– [3 LM (SC) 20] ....View Full Judgment
Appointment– Legitimate right–
The High Court Division observed that the petitioners having been
successful in their written and viva examinations were finally recommended
for the post of Compressor Operator and Technician by the specially
constituted committees comprising high officials of GTCL and as such the
recommendation of the said committees could be termed as internal notes or
internal communication of GTCL. The High Court Division observed “Though
the recommendations or the fact of constitution of such committees were not
officially communicated to the petitioners at any stage, it cannot be
denied that, in a transparent appointment process by a government owned
enterprise, such process of appointment cannot be kept secret terming the
same as internal communication. Therefore, obliviously, the petitioners
somehow got information about those recommendations of the committees.”
The High Court Division went on to hold that the writ petitioners acquired
a legitimate right in favour of their appointment in the GTCL and,
therefore, declared the impugned notification cancelling the appointment
process as without lawful authority. In view of the above, we are of the
opinion that the High Court Division was not correct in finding that the
writ petitioners had acquired a legitimate right to appointment in GTCL.
Accordingly, the judgement and order of the High Court Division is hereby
set aside. ...Gas Transmission Company Ltd., Dhaka =VS= Mohammad Abdul
Aziz, (Civil), 2021(1) [10 LM (AD) 292] ....View Full Judgment
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