Governing Body of the college and after approval, the Governing Body sent the names of the petitioner and the respondent no. 8 to the Director of Higher Education for its approval for appointment to the post of Assistant Professor, Zoology. The Director of Higher Education, Assam has passed the speaking order vide Memo No. DHE/CE/AC/NET/SLET/ 486/2016/206 dated 03.12.2016 while agreeing with the rejection of the selection of the respondent no. 7 (writ petition in 158/2017) on the ground that the respondent no. 7 is a scheduled caste (SC) community in the State of Manipur, which is not a recognized scheduled caste (SC) in the State of Assam and therefore, his candidature is not accepted for appointment of Assistant Professor, Zoology, which is reserved for Scheduled Caste (SC) candidate of Assam. It has been observed that the petitioner, Dr. Doli Talukdar, does not have NET/SLET and she has been allowed to participate on the strength of her Ph.D degree from Assam University notified on 19.07.2016. It also held that as per norms a candidate has to acquire eligibility on the last date of submission of the application. If anything contrary is not provided at relevant service rules, she acquired the Ph.D after 10.01.2016 just before the interview. As such, it is observed that the Selection Committee may consider the 3rd candidates, namely, Shri Monoj Roy (respondent no. 8 herein), if the selection committee think that re-advertisement will cause unnecessary delay. The petitioner challenges the said observation and decision on the ground that since she has scored 61.8 marks next to respondent no. 7, who has scored 65.5, she ought to have been considered for appointment as the respondent no. 7 who has scored highest marks of 65.5 has been rejected on justified grounds. The petitioner is also aggrieved by the factually wrong observation as the petitioner was eligible and qualified on the basis of her M.Phil degree and not for having NET/SLET, as the candidates having Ph.D and M.Phil
