Meghalaya HC rules in favour of Professor in lockdown dispute with NEHU

The Meghalaya High Court has set aside the decision of the North Eastern Hill University (NEHU) to penalise a professor for her absence during the 2020 COVID-19 lockdown.

The case involves Dr Bela Keshan, a professor of Zoology at NEHU, who had taken leave and left for her residence in Kolkata just before the nationwide lockdown was announced in March 2020. The university had argued that her leave was not properly applied for and that she should have been physically present during this time.

However, the High Court noted that the University Grants Commission (UGC) had issued a directive allowing for online classes during the critical pandemic period. The court observed that Keshan had conducted numerous online classes between April and December 2020, which were accepted by the university.

The High Court stated, "Covid was a catastrophe of the greatest magnitude to have affected the country in recent years. It was most sudden and of colossal impact. Nobody had any clear idea of this pandemic before its onset." The court further emphasised the need for "humane and sympathetic consideration" for those who could not physically attend work during this time but were willing to contribute through online means.

Regarding the university's directive for 100% attendance starting May 2020, the High Court noted that this "was not in consonance with the UGC directive" and that Keshan's online classes should be considered as on-duty until the physical classes resumed on October 31, 2020.

The High Court has now directed the NEHU Executive Council to revisit its decision within three months and provide a reasoned order after giving Prof Keshan an opportunity to be heard.