The Gauhati High Court dismissed a writ petition challenging the validity of a selection panel for an Assistant Professor post. The court held the petition premature as the appointment required final approval by the Director of Higher Education, which was pending. The matter was dismissed as legally pre-matured.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010137342019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4096/2019
1:RUPASREE PAUL
W/O SRI MUN PAUL, R/O RADHAMADHAB ROAD, NEAR SHANI MANDIR, P.O. AND P.S SILCHAR, DIST.-CACHAR, ASSAM, PIN-788001
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (HIGHER) DEPTT. DISPUR, GUWAHATI-781006
2:THE DIRECTOR HIGHER EDUCATION DEPTT. ASSAM KAHILIPARA GUWAHATI-781019
3:THE UNIVERSITY GRANTS COMMISSION REP. BY ITS SECRETARY BAHADUR SHAH JAFAR MARG NEW DELHI PIN-110002
4:RADHAMADHAB COLLEGE SILCHAR REP. BY ITS PRINCIPAL AND SECRETARY P.O. SILCHAR DIST.-CACHAR ASSAM PIN-788006
5:THE SELECTION COMMITTEE FOR SELECTION OF ASSISTANT PROFESSOR IN EDUCATION RADHAMADHAB COLLEGE SILCHAR REP. BY ITS PRINCIPAL AND SECRETARY
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P.O. SILCHAR DIST.-CACHAR ASSAM PIN-788006
6:SANTOSH BORAH S/O UNKNOWN R/O HOUSE NO. 5 WARD NO. 8 PUBALI NAGAR P.O. AND P.S. TITABAR DIST.-JORHAT ASSAM PLACE OF WORK- BODOFA U.N. BROHMO COLLEGE P.O. DOTMA DIST.-KOKRAJHAR ASSAM PIN-78334
Advocate for the Petitioner : MR. S D PURKAYASTHA Advocate for the Respondent : SC, HIGHER EDU
BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 19-06-2019
Heard Mr. Supratim Deb Purakayashtha, learned counsel for the petitioners. Also heard Mr. Kaustav Gogoi, learned Standing Counsel, Higher Education Department, Assam for the respondent Nos. 1 and 2 and Mr. Ashim Chamuah, learned Standing counsel UGC, for the respondent No.3.
Challenge herein is the validity of the panel of short listed candidates for direct recruitment to the post of Assistant Professor of Education in Radhamadhab College, Silchar for which advertisements were issued by the Principal-cum-Secretary of the said college on 25.01.2018 and 28.01.2018, where interview was held on 21.05.2018 and the concerned Selection Committee made its recommendation on 21.05.2018 itself.
Pursuant to the advertisements dated 25.01.2018 and 28.01.2018 published in the news papers and having requisite eligibility, the petitioner applied for the regular post of Assistant Professor in Education in Radhamadhab College, Silchar. Finding her application in order, the Principal-cumSecretary of said college issued a call letter to the petitioner on 05.05.2018 asking her to appear in
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the interview scheduled on 21.05.2018.
The petitioner on 21.05.2018 appeared before the Selection Board in the said interview by submitting all her testimonials and relevant documents before it for necessary verification and selection.
The petitioner through the provisions of RTI Act obtained necessary information and came to know that in the said selection held on 21.05.2018 for the advertised post of Assistant Professor in Education in Radhamadhab College, Silchar, the Selection Board prepared a panel of 3 (three) selected candidates, wherein, her name figured at 2nd position in order of her merit as well as overall score obtained by her and that the Governing Body of said college approving the said selection, already forwarded its recommendation to the Director of Higher Education, Assam for its necessary approval and appointment.
According to the petitioner, the selection held on 21.05.2018 to the post of Assistant Professor in the Education Department of Radhamadhab College, Silchar pursuant to the advertisements dated 25.01.2018 and 28.01.2018 is bad in law as the Vice-Chancellor of the Assam University, Silchar, i.e., the concerned University for said Radhamadhab College, Silchar did not nominate any Subject Expert for the said selection, as required.
It is also contended by the petitioner that the said selection held on 21.05.2018 is also bad in law as the same was made in violation of the UGC Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standard in Higher Education, 2010 and Appendix-III Table-II(C) thereof as amended by the UGC (Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standard in Higher Education) (4th Amendment), Regulations, 2016 Appendix-III Table-II(B) and also for not evaluating and giving marks on interview performance/oral marks to the candidates during the said selection by the concerned Selection Board.
It is stated at the Bar that said Radhamadhab College, Silchar is a provincialised college of the State.
The Assam College Employees (Provincialisation) Rules, 2010 has been framed under Section 12(1) of the Assam College Employees (Provincialisation), Act 2005 and as such said 2010 Rules have statutory force, which regulates the recruitment and condition of service of teachers of the
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provincialised colleges of the State, which are provincialised under the said 2005 Act.
Rule 5 of said 2010 statutory Recruitment Rules stipulates the Method of Recruitment in provincialised colleges; whereas, Rule 7 of said 2010 Rules, relates to Direct Recruitment. As per the provisions of Rule 5(2) of said 2010 Rules, the post of Lecturer in provincialised colleges of the State should be filled up by way of direct recruitment. Rule 5(7) of said 2010 Rules provides that the Governing Body of such college, after conducting the selection, should forward the recommendation to the Director of Higher Education, Assam, who, in turn, is required to issue appointment order. Rule 7(A) of said 2010 Rules stipulates that all appointment, either by the direct recruitment or by promotion, shall be made by the Director (Director of Higher Education, Assam) on the basis of recommendations of the Governing Body (of the College concerned) based on the recommendations of the duly constituted Selection Committee/Departmental Promotion Committee.
From the above, it is seen that the matter relating to the selection and appointment to the post of Assistant Professor in the Department of Education in Radhamadhab College, Silchar, as advertised on 25.01.2018 and 28.05.2018, for which selection was held on 21.05.2018, has not attained finality and the matter is pending before the Director of Higher Education, Assam, respondent No. 2 for necessary scrutiny and for issuance of order of appointment. As such, the stage for final decision to be taken by the said Director has not yet reached.
Intervention by the Court at this stage could be pre-empting a decision or the decision to be taken by the empowered authority as per the Rules, considering the fact that the recommendation of the Governing Body of the college concerned on the basis of the selection made by the concerned Selection Committee per say would not give rise to a cause of action for initiating a legal proceeding, as no finality is attached to such recommendation at a stage prior to according approval by the Director of Higher Education, Assam.
For the reasons above and as this writ petition, being pre-matured, is not maintainable, accordingly stands dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition challenging the selection process for the post of Assistant Professor is maintainable despite the lack of finality in the appointment order.
Rupasree Paul
The State of Assam
The Director Higher Education Deptt. Assam
The University Grants Commission
Radhamadhab College Silchar
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
