Allowed

Dr Pranita Choudhary v. the Gauhati University and 4 Ors.

Gauhati HC17 Feb 2021Review.Pet./79/2018

Case brief

AI extract

What is this about?

In this review petition, the Gauhati High Court recalled the impugned order dismissing the writ petition of Dr. Pranita Choudhary for irregularisation of services as a Lecturer. The Court held that the previous finding of ineligibility regarding her LL.M. marks was incorrect due to her inadvertent failure to annex her marksheet, which showed she secured above 55% marks under the Betterment Scheme.

What did the court decide?

The order dated 29.05.2018 in WP(C) No. 5333/2015 with regard to the petitioner herein is recalled; this review petition is allowed.

Dr Pranita Choudhary Vs the Gauhati… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010123542018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Review.Pet./79/2018

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DR PRANITA CHOUDHARY W/O DR PURUJIT CHOUDHARY R/O HOUSE NO 39 ARYA PATH, GOPINATH NAGAR GUWAHATI 781016 DIST KAMRUP M ASSAM

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VERSUS

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THE GAUHATI UNIVERSITY AND 4 ORS

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REP. BY ITS VICE CHANCELLOR, HAVING HIS OFFICE AT GOPINATH BORDOLOI NAGAR, GUWAHATI-781014, DIST KAMRUP M ASSAM

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2:THE REGISTRAR GAUHATI UNIVERSITY HAVING HIS OFFICE AT GOPINATH BORDOLOI NAGAR GUWAHATI 781014 DIST KAMRUP M ASSAM

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3:THE PRINCIPAL UNIVERSITY LAW COLLEGE GAUHATI UNIVERSITY HAVING HIS OFFICE AT GOPINATH BORDOLOI NAGAR GUWAHATI 781014 DIST KAMRUP M ASSAM

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4:THE BAR COUNCIL OF INDIA REP BY ITS SECRETARY HAVING HIS OFFICE AT 21 ROUSE AVENUE INSTITUTION AREA NEW DELHI-11002 DELHI

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5:THE BAR COUNCIL OF ASSAM NAGALAND MEGHALAYA MANIPUR TRIPURA MIZORAM AND ARUNACHAL PRADESH REP BY ITS SECRETARY HAVING HIS OFFICE AT SECOND FLOOR OLD HIGH COURT BUILDING GUWAHATI 781001 DIST KAMRUP M ASSA

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Advocate for the Petitioner : MR H J TAMULI

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Advocate for the Respondent : SC, G U

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Linked Case : WP(C)/5333/2015

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DR. RUPA BARMAN BORGOHAIN and ANR W/O PRADIPTA BORGOHAIN R/O HOUSE NO. 33 KHARGHULI GUWAHATI- 781004 DIST. KAMRUP METRO ASSAM. 2: DR. PRANITA CHOUDHURY W/O DR. PURUJIT CHOUDHURY R/O HOUSE NO. 39 ARYA PATH GOPINATH NAGAR GUWAHATI - 781016 DIST. KAMRUP METRO ASSAM. VERSUS THE GAUHATI UNIVERSITY and 4 ORS REP. BY ITS VICE-CHANCELLOR HAVING HIS OFFICE AT GOPINATH BORDOLOI NAGAR GUWAHATI - 781014 DIST. KAMRUP METRO

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ASSAM.

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2:THE REGISTRAR GAUHATI UNIVERSITY HAVING HIS OFFICE AT GOPINATH BORDOLOI NAGAR GUWAHATI- 781014 DIST. KAMRUP METRO ASSAM. 3:THE PRINCIPAL UNIVERSITY LAW COLLEGE GAUHATI UNIVERSITY HAVING HIS OFFICE AT GOPINATH BORDOLOI NAGAR GUWAHATI- 781014. DIST. KAMRUP METRO ASSAM. 4:THE BAR COUNCIL OF INDIA REP BY ITS SECRETARY HAVING HIS OFFICE AT 21 ROUSE AVENUE INSTITUTINAL AREA NEW DELHI-110002 DELHI. 5:THE BAR COUNCIL OF ASSAM NAGALAND MEGHALAYA MANIPUR TRIPURA MIZORAM AND ARUNACHAL PRADESH REP. BY ITS SECRETARY HAVING HIS OFFICE AT SECOND FLOOR OLD HIGH COURT BUILDING GUWAHATI- 781001 DIST. KAMRUPMETRO ASSAM. -----------Advocate for : MR.G Z AHMED Advocate for : SC G U appearing for THE GAUHATI UNIVERSITY and 4 ORS

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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17/02/2021

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Heard Mr. A K Sharma, learned counsel for the review petitioner and Mr. P J Phukan, learned Standing counsel, Gauhati University for the respondent Nos. 1, 2 & 3.

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The review petitioner herein, along with another, namely, Dr. Rupa Barman Borgohain as petitioners approached this Court praying amongst others for regularisation of their services as full time Lecturers in the University Law College, Gauhati University.

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The Court after a detail order finding that both the petitioners did not possess the requisite eligibility of 55% marks in their LL.M. (Master Degree in Law) Degree, dismissed the said writ petition being WP(C) No. 5333/2015 vide order dated 29.05.2018.

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It is to be noted herein that in their said writ petition, the petitioners did not annex their marksheets pertaining to their Master degree.

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The petitioner herein, who was petitioner No.2 in said WP(C) No. 5333/2015 preferred this review petition stating that she appeared in the LL.M. Part-II Examination under Betterment Scheme with Roll No. B-57 in December, 2002 that was conducted by the respondent Gauhati University and all together secured 668 marks out of 1200 marks in her Master Degree in Law and stated that, her percentage in LL.M. Examination is more than 55% and she possesses the requisite eligibility for consideration of her case for appointment to the post of Lecturer in Law as specified by the UGC.

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Present petitioner stated that in said WP(C) No. 5333/2015 at para-4 (page-5/6), it was categorically stated that she (petitioner No.2 in WP(C) No. 5333/2015) obtained 56% in her LL.M. Examination and it is not the case of the respondent University that she does not have 55% and more in her LL.M. Degree. However, the petitioner admitted the fact that though the said mark-sheet was issued to her by the respondent University in the year 2013 itself, but inadvertently the same was not annexed in said WP(C) No. 5333/2015.

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The respondent University did not deny the fact of appearing of the petitioner in the LL.M. Part-II Examination under Betterment Scheme held in December, 2002 and thereby, secured more than 55% of marks in her LL.M. Examination and also did not deny the fact that such mark-sheet was issued to her way back in May, 2013.

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The petitioner has placed before the Court that she registered for her Ph.D. Programme with Gauhati University on 01.11.2005 and Ph.D. Degree was awarded to her by the said University on 01.11.2012. Petitioner also stated that the respondent University by letter No. GU/Acad/Ph.D/Cert/2013 dated 07.06.2013 certified that as she had registered for her Ph.D. Programme with the said University on 01.11.2005, subsequently she was awarded Ph.D. Degree by the said University on 01.11.2012, therefore the requirement of minimum eligibility condition as stated in the UGC Regulation, 2009 is not applicable to her and that she will remain exempted from the requirement of NET (National Eligibility Test) for the purpose of appointment as Assistant Professor. Petitioner further placed before the Court that by the said letter dated 07.06.2013, the respondent University clarified that the said University adopted the UGC 2009 Regulation w.e.f. 11.07.2009 and that the same will be applicable to the Ph.D. candidates registered w.e.f. 11.07.2009.

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All the above facts submitted by the petitioner have not been countered and objected by the respondent Gauhati University and those facts remained uncontroverted.

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Considering such materials, the Court is of the view that the finding with regard to the petitioner that she does not have the requisite eligibility of 55% marks in her LL.M. degree is not correct and therefore, the said order dated 29.05.2018 passed in WP(C) No. 5333/2015 with regard to the petitioner herein needs to be reviewed.

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In view of the above, the order dated 29.05.2018 passed in WP (C) No. 5333/2015 with regard to the present petitioner, namely, Dr. Pranita Choudhury, is hereby recalled.

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However, the order dated 29.05.2018 passed in WP(C) No. 5333/2015 with regard to its other petitioner, namely, Dr. Rupa Barman Borgohain, shall remain intact.

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Accordingly, this review petition stands allowed.

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JUDGE

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Comparing Assistant

Dr Pranita Choudhary v. the Gauhati University and 4 Ors.

Case brief

What is this about?

What did the court decide?

Dr Pranita Choudhary v. the Gauhati University and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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