The Supreme Court of India set aside the judgment of the High Court of Tripura, which had denied the confirmation of Maitreyee Chakraborty in her post as Assistant Professor in Law at Tripura University. The High Court had upheld the University's decision to re-advertise the position, despite the lien vacancy becoming permanent after the resignation of Dr. Praveen Kumar Mishra. The Supreme Court found the University's actions arbitrary and unjust, ruling that the appellant should be confirmed in her post as there was no adverse performance noted and the vacancy had become regular.

1. Background of the Case:

• Appointment and Vacancy: Maitreyee Chakraborty was appointed as Assistant Professor in Law at Tripura University against a lien vacancy in 2017. The lien vacancy arose when Dr. Praveen Kumar Mishra took a position at Sikkim University.
• Advertisement and Selection Process: The University advertised for three posts, including one regular and two lien vacancies. The appellant applied and was selected against one of the lien vacancies.

2. Legal Proceedings:

• Executive Council's Decision: In 2018, the University's Executive Council decided not to confirm the appellant in her post and to re-advertise the position, despite the lien vacancy becoming permanent after Dr. Mishra's resignation.
• High Court's Ruling: The High Court upheld the University's decision, reasoning that the vacancy was initially temporary, and eligible candidates might not have applied.

3. Supreme Court's Reasoning:

• Error in High Court's Assumption: The Supreme Court disagreed with the High Court's assumption that the vacancy's lien status deterred eligible candidates from applying. It emphasized that the vacancy had become regular after Dr. Mishra’s resignation.
• Legitimate Expectation: The Court found that the appellant, having undergone a regular selection process and served for over seven years, had a legitimate expectation of being confirmed in the post.

4. Key Judgments Referenced:

• Somesh Thapliyal & Anr. vs. Vice Chancellor, H.N.B. Garhwal University & Anr. and Meher Fatima Hussain vs. Jamia Milia Islamia & Ors.: The Supreme Court referred to these judgments, highlighting that once a candidate undergoes a regular selection process and no adverse performance is noted, they should be confirmed in the post.

5. Conclusion:

• Order: The Supreme Court set aside the High Court's judgment and directed Tripura University to confirm Maitreyee Chakraborty in her post as Assistant Professor in Law. The decision emphasized that the University’s discretion must be exercised fairly and justly, without being arbitrary.