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2014 Supreme(Gau) 603
IN THE HIGH COURT OF GAUHATI
Abhay Manohar Sapre and Ujjal Bhuyan, JJ.
Ajit Kumar Baruah – Appellant
Vs.
State of Assam – Respondent
W.P. (C) No. 6288 of 2011 and W.A. Nos. 40, 41 of 2014
Decided On: 17.07.2014
For Appellant/Petitioner/Plaintiff:Parthiv Kumar Goswami, S.S. Goswami, R. Deka and P.K. Borooah, Advocates
For Respondents/Defendant:D. Saikia, Addl. A.G., S. Neogi, SC and D. Borgohain, Advocate
Headnote:
Assam Education Service (Amendment) Rules, 2009 – Assam Education Service Rules, 1982 – Rule 7(iia) – Regular Service – Petitioner/appellant is Dr. Ajit Kumar Baruah – He is presently serving as Assistant Professor Stage II (Senior Grade) in the Department of History in the Jorhat Kendriya Mahavidyalaya, having joined regular service – He is also functioning as in-charge Principal of the said Jorhat Kendriya Mahavidyalaya. – Held, Selection commenced with the publication of the advertisement on 07.10.2007 when the UGC Regulations, 2000 were in force. – The qualifications prescribed in the advertisement were in tune with the qualifications stipulated in the UGC Regulations, 2000. – The said selection process was interfered with by this Court following which the impugned advertisement was issued. – Therefore, the impugned advertisement for all intent and purport amounts to continuation of the selection process. – Thus, keeping in mind the decision of the Honble Supreme Court in Md. Raisul Islam (supra), Court is of the view that the qualifications prescribed in the UGC Regulations, 2000, which were in force when the selection process commenced, would govern the present selection to the post of Principal of the College. – Court is of the view that the impugned advertisement cannot be sustained. – Accordingly, the impugned advertisement is set aside and quashed. – Respondents are directed to hold selection to fill up the post of Principal of the College in terms of the directions contained in paragraph 49 of the judgment passed in Writ Appeal by following the procedure mentioned above. – This shall be done within a period of 6 (six) months from today. – Writ Petition Allowed
Ujjal Bhuyan, J.
1. All the three cases being inter-related were heard together and are being disposed of by this common judgment and order. Matter relates to selection and appointment to the post of Principal of a College called Jorhat Kendriya Mahavidyalaya, which was earlier under the deficit system of grants-in-aid but subsequently provincialised.
2. In the writ petition as well as in the two writ appeals, the petitioner/appellant is Dr. Ajit Kumar Baruah (hereinafter referred to as the appellant for the sake of convenience). He is presently serving as Assistant Professor Stage II (Senior Grade) in the Department of History in the Jorhat Kendriya Mahavidyalaya, having joined regular service on 11.01.1996. He is also functioning as in-charge Principal of the said Jorhat Kendriya Mahavidyalaya.
3. Writ Petition (C) No. 6288/2011 has been filed by the petitioner Dr. Ajit Kumar Baruah questioning the constitutional validity of Rule 8 of the Assam College Employees (Provincialisation) Rules, 2010 in so far it adopts Rule 7(iia) of the Assam Education Service Rules, 1982, as amended by the Assam Education Service (Amendment) Rules, 2009, fixing the maximum age limit for filling up the post of Principal in provincialised colleges of Assam at 50 years. Consequential challenge has also been made to the advertisement issued by the Governing Body of Jorhat Kendriya Mahavidyalaya (College hereafter) which was published in the newspaper on 30.11.2011 inviting applications from eligible candidates for the post of Principal of the College whereby the upper age limit for the said post was fixed at 50 years. Petitioner further seeks a direction to the respondents to consider his selection for the said post as per qualifications prescribed in the University Grants Commission (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) Regulations, 2000 in terms of which he is eligible.
4. Writ Appeal No. 40/2014 has been filed by the appellant Dr. Ajit Kumar Baruah against the order dated 27.01.2014 passed by the learned Single Judge in WP(C) No. 6432/2013. The said writ petition was filed by respondent Nos. 4 and 5 as the petitioners seeking a direction to the Governing Body of the College to initiate selection process for filling up the vacant post of Principal of the College on regular basis. Learned Single Judge by the order dated 27.01.2014 took note of the submission made at the bar that during the pendency of the writ petition an advertisement had been issued on 20.01.2014 by the Governing Body of the College inviting applications for the said post and disposed of the writ petition by directing the respondents to finalize the selection process as early as possible.
5. Writ Appeal No. 41/2014 has been filed by the appellant Dr. Ajit Kumar Baruah against the order dated 31.01.2014 passed by the learned Single Judge in WP(C) No. 454/2014 filed by the appellant as the petitioner. The said writ petition was filed by the appellant challenging the legality and validity of the advertisement dated 20.01.2014 issued by the Governing Body of the College for the post of Principal. The said challenge was made primarily on the ground that the selection was being conducted as per the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 (UGC Regulations, 2010 hereinafter) which was issued in super-session of the Universities Grants Commission (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and Institutions affiliated to it) Regulations, 2000 (UGC Regulations, 2000 hereinafter) though the vacancy was notified in the year 2007 and the selection process was initiated in the year 2007 itself when the UGC Regulations, 2000 was holding the field.
6. To
