Allowed

Naznin Ahmed v. the State of Assam and 4 Ors.

Gauhati HC5 Apr 2022WP(C)/958/2019

Case brief

AI extract

What is this about?

This judgment quashed the selection of a respondent appointed as an Assistant Professor in Aquatic Animal Health Management (AAHM) because he lacked the mandatory Masters degree in that specific discipline, despite holding a Masters in Aquaculture. The court directed the removal of the respondent's name from the list and appointment of a qualified candidate.

What did the court decide?

Appointment order for respondent no.5 set aside; list of eligible candidates rectified to exclude respondent no.5; directed to appoint duly qualified candidate with highest marks.

Naznin Ahmed Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/7

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GAHC010029542019

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

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Case No. : WP(C)/958/2019

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NAZNIN AHMED

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D/O- SAIFUDDDIN AHMED, W/O- MAHABUBUR RAHMAN, R/O- WARD NO. 7, C/O- LATE HEPHZUR RAHMAN, OPP TO MORIGAON H S AND M P SCHOOL, P.O- MORIGAON, P.S- MORIGAON, ASSAM, PIN- 782105 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR, GHY, PIN- 781006 2:THE VICE CHANCELLOR ASSAM AGRICULTURAL UNIVERSITY JORHAT P.O- BORBHETA DIST- JORHAT ASSAM PIN- 785013 3:THE REGISTRAR ASSAM AGRICULTURAL UNIVERSITY JORHAT P.O- BORBHETA DIST- JORHAT ASSAM PIN- 785013 4:DEAN FACULTY OF FISHERIES SCIENCE COLLEGE OF FISHERIES ASSAM AGRICULTURAL UNIVERSITIES RAHA NAGAON ASSAM PIN- 782103 5:SANJOY TAMULI /O- LATE LALINDRA TAMULI R/O- VILL- 1 NO. PIPAL PUKHURI SUBHASH NAGAR

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Page No.# 2/7

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W NO. 5 LANKA P.O- LANKA DIST- HOJAI ASSAM PIN- 78244

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Advocate for the Petitioner : MR. S N TAMULI

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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05.04.2022

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Heard Mr. S. N. Tamuli, learned counsel for the petitioner. Also heard Mr. P. Kataki, learned counsel for the respondent nos. 2, 3 & 4 and Mr. R. De, learned counsel for the respondent no.5. Mr. S. S. Roy, learned counsel appears on behalf of the respondent no.1.

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In this writ petition, the petitioner has challenged the selection of the respondent no.5 for appointment to the post of Assistant Professor (Aquatic Animal Health Management), hereinafter referred to as “Assistant Professor (AAHM). The petitioner’s case is that in pursuant to an Advertisement No. 3/2018 issued by the Assam Agricultural University, one post of Assistant Professor (Stage-I)(AAHM) under the College of Fisheries, Roha was to be filled up from persons having essential qualifications, one of them being that the candidate should have a Master Degree in the Discipline of Aquatic Animal Health Management (AAHM) from an Indian University or a foreign University.

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Page No.# 3/7

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The petitioner’s case is that the private respondent no.5 is having a degree of Fisheries Science in Aquaculture from the College of Fisheries, Roha, Nagaon, which is different from Aquatic Animal Health Management (AAHM). However, the respondent no.5 does not have a Masters Degree in the discipline of AAHM.

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Mr. P. Kataki and Mr. R. De, learned counsels for the respondents submit that the Discipline of Aquaculture and AAHM were the same till the year 2016 and they became different Disciplines from the year 2017. They also submit that the Department of Aquaculture is the mother department of the AAHM and that the subjects that have been taught in the department of Aquaculture is similar to the subjects taught in the department of AAHM. The respondents’ counsels submits that there is no infirmity with the selection of the respondent no.5 as Assistant Professor in terms of the Advertisement No.3/2018.

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I have heard the learned counsels for the parties.

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The post of Assistant Professor (Stage-I) (AAHM) that has been advertised in the Advertisement No.3/2018 is quoted below :

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“ 2. Assistant Professor (Stage-I)(Aquatic Animal Health Management) under the College of Fisheries, Roha.

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(Pay scale Rs.15,600-Rs.39,100 with Academic Grade Pay of Rs.6,000) : Essential qualification :

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Page No.# 4/7

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· Passed Bachelor’s Degree in Fisheries.

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. Secured minimum 55% marks or minimum Cumulative Grade Point Average (MCGPA) of 3,00 in 4 point scale or 7.00 in 10 point scale at the Master’s degree level in the discipline of Aquatic Animal Health Management from an Indian university or a foreign university.

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Note : For universities adopting scales other than 4 point or 10 point, the minimum CGPA (MCGPA) requirement shall be worked out by the formula ; MCGPA = 3+0.667 (Scale Point – 4) [where, MCGPA = Minimum Cumulative Grade Point Average, Scale Point=Highest value of the scale] (Thus, for 4, 5, 6, 7, 8, 9 and 10 point scales the MCGPAs are 3.00, 3.67, 4.33, 5.00, 5.67, 6.34 and 7.00 respectively when approximated at two places after decimal)

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· Qualified National Eligibility Test (NET). NET is not required for disciplines in which NET is not conducted. NET is waived for candidates with Ph.D. degree, provided such degree is obtained under course credit system in accordance with the University Grants Commission (Minimum Standards and Procedures for Award of Ph.D. Degree, 2009 Regulation) and the candidate has at least two full length publications having NAAS rating not less than 4, on the last date of submission of application.

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· Age of the candidate should not be more than 44 years on the last date of submission of application.”

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The respondent nos.2 & 3 thereafter issued a Notification dated 12.01.2019, wherein names of the eligible candidates are reflected

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Page No.# 5/7

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against the post to which they have been called to appear before the Selection Committee. In the Notification dated 12.01.2019 in respect of the Discipline of Aquaculture, the name of the respondent no.5 is amongst the six candidates selected. In respect of the Discipline of AAHM, the names of the petitioner and the respondent no.5 are reflected, though the respondent no.5 did not have the qualification of Masters Degree in AAHM as required in the Advertisement No.3/2018. The Notification dated 12.01.2019 also reflects the names of selected candidates in respect of the Discipline of Fisheries Resource Management, Fish Processing Technology, Aquatic Environment Management.

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A perusal of the Notification dated 12.01.2019 clearly shows that the respondent nos.2 & 3 had not only called candidates for filling up the post of Assistant Professor (Stage-I) (AAHM), but also for the post of Assistant Professor in relation to Aquaculture. The same gives rise to an inference that the University had called for candidates to fill up separate posts having distinct and different criteria/educational disciplines.

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Mr. P. Kataki has produced the records and the same shows that different advertisements have been issued for the post of Assistant Professor (AAHM) and for the post of Assistant Professor, Aquaculture vide Advertisement No. 03/2018 and 02/2018 respectively. The candidates applying for the post of Assistant Professor in Aquaculture do not require to have a Masters Degree level in AAHM, while the candidate for the post of Assistant Professor in AAHM is required to

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have it. The name of the respondent no. 5 has found mention in the notification dated 12.01.2019 in respect of the discipline of Aquaculture in terms of the Advertisement No. 02/2018 as he has the eligibility criteria as provided in the Advertisement No. 02/2018 and the Addendum dated 10.05.2018 for the post of Assistant Professor for Aquaculture. However, the respondent no.5 does not have the eligibility criteria of Masters Degree of AAHM for the post of Assistant Professor (AAHM). Though the eligibility criteria required for Assistant Professor for Aquaculture and Assistant Professor (AAHM) are different, the respondent no.5 is using the same degree of Fisheries Science in Aquaculture for applying for the post of Assistant Professor in Aquaculture and also for Assistant Professor in AAHM.

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It is clear from the above that the petitioner had applied for the post of Assistant Professor (AAHM) in terms of the Advertisement No. 3/2018, while the respondent no.5 had applied for the post of Assistant Professor (AAHM) and Assistant Professor, Aquaculture in terms of the Advertisement No. 3/2018 and 2/2018 respectively.

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The records show that respondent authorities required the candidates for the post of Assistant Professor (AAHM) to have a different eligibility criteria vis-à-vis the candidates who apply for the post of Assistant Professor of Aquaculture. As such, the respondent no. 5 was required to have the Masters Degree level in the discipline of AAHM, for being eligible to be considered for the post of Assistant Professor in the discipline of AAHM, which he does not have.

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Page No.# 7/7

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In view of the reasons stated above, this Court is of the view that the name of the respondent no.5 could not have been included in the list of eligible candidates for the post of Assistant Professor in the discipline of AAHM, as provided in the notification dated 12.01.2019, as the respondent did not have the Masters Degree level in AAHM.

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The respondent authorities are thus directed to issue appointment order for the post of Assistant Professor (AAHM), to the candidate who secured the highest marks in the selection process and who also fulfils all other eligibility criteria required for the said post, after ensuring that the name of the respondent no.5 is struck off from the list for consideration for the post of Assistant Professor (AAHM). The same should be done within a period of one month from the date of receipt of a certified copy of this order by the respondent no.3.

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Consequently, the order issued vide Memo No. AAU 2.1 (4)-RGIII/2018-19 17, 506-26 dated 08.02.2019 by the Registrar, Assam Agriculture University, Jorhat in respect of the respondent no. 5 is set aside.

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Writ petition is accordingly allowed.

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JUDGE

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Comparing Assistant

Naznin Ahmed v. the State of Assam and 4 Ors.

Case brief

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Naznin Ahmed v. the State of Assam and 4 Ors.

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