Ujjal Bhuyan, J.

This order will dispose of both WP(C) Nos. 6474/2014 and 1206/2016.

2. While Mr. I.H. Saikia, learned counsel for the petitioner in WP(C) No. 6474/2014 is present, Mr. K.Y. Mazumdar, learned counsel appears for the petitioner in WP(C) No. 1206/2016. Mr. N. Sarma, learned Standing Counsel, Education Department appears on behalf of respondent Nos. 1 & 2 in both the cases whereas Mr. A. Chamuah, learned Standing Counsel, University Grants Commission (UGC) appears for respondent No. 3 in both the cases; Mr. P. Bharadwaj, learned counsel appears on behalf of the Sipajhar College i.e., respondent Nos. 4, 5 & 6 in both the cases and Mr. U.K. Nair, learned counsel appears for respondent No. 7 in both the cases.

3. Mr. K.I. Majumdar appears for respondent No. 8 in WP(C) No. 6474/2014 whereas Mr. I. H. Saikia, learned counsel appears for respondent No. 8 in WP(C) No. 1206/2016.

4. Matter relates to selection and appointment of Assistant Professor in the Department of Education, Sipajhar College in the district of Darrang.

An advertisement was issued on 13.01.2014 by the Principal of Sipajhar College to fill up one post of Assistant Professor in Education, the post being reserved for OBC/MOBC category. According to the petitioner, she being qualified in all aspects had responded to the said advertisement. Interview was initially scheduled on 24.05.2014 but it appears that the interview was cancelled where-after fresh interview was held on 28.11.2014. It further appears that altogether nine candidates had appeared in the interview which included the petitioner, respondent No. 7 and respondent No. 8. According to the petitioner, she came to learn that select list was finalised on 05.12.2014 but without publishing the select list it was forwarded to the respondent No. 2 for approval. She could further come to know that respondent No. 7 was selected and recommended for appointment and if such recommendation is approved and consequently if respondent No. 7 is appointed, petitioner would be highly prejudiced. Hence, the present writ petition.

5. The first case is pending since the year 2014 and quite belatedly the second writ petition has been filed.

6. Petitioner in WP(C) No. 6474/2014 contends that respondent No. 7 was erroneously granted 5 marks for M.Phil. and 3 marks for teaching experience. According to the petitioner, respondent No. 7 obtained M.Phil degree from Vinayak Mission University, Tamil Nadu through the distance education mode which is not recognised and therefore she is not entitled to the marks allotted to her under the said heading. Clarifying this contention, learned counsel for the petitioner submits that the M.Phil degree has been obtained by respondent No. 7 from the above university which is a deemed university through the distance education mode which is not recognised by the UGC. On award of 3 marks under the heading of teaching experience, he submits that at the most respondent No. 7 was entitled to 1 mark. If these 7 marks (5+2 (3-1)=7) are deducted from the total marks secured by respondent No. 7 position of petitioner would be at serial No. 1 and she would have a fair chance of getting appointment. The statement of marks of the candidates in the interview held on 28.11.2014 has been placed on record in the affidavit filed by respondent No. 7. From the said statement, it is seen that respondent No. 7 has secured a total of 65.46 marks whereas petitioner has secured 64.39 marks. Respondent No. 8 who is the petitioner in WP(C) No. 1206/2016 has secured 61.03 marks.

7. Submissions made by learned counsel for the parties have been considered.

8. The post of Lecturer in colleges has been re-designated as Assistant Professor following notification issued by the UGC. Recruitment of Assistant Professor in colleges is governed by a set of statutory rules called Assam College Employees (Provincialisation) Rules, 2010 which has been framed in exercise of powers conferred under Section 12(1) of the Assam Coll