Point of Law: As the selection process was abandoned on reasons not supported by records, we are of view that the act on part of respondents in abandoning and not carrying any further and at the same time deciding to go for a re-advertisement would not be sustainable in law.

JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Mr. S.K. Das, learned counsel for the petitioner. Also heard Mr. R. Mazumdar, learned counsel for the respondents no. 1, 2 and 3 being the authorities under the Secondary Education Department, Government of Assam.

2. The petitioner who is also an In-Charge Principal of the Tinsukia Bengali Girls’ Higher Secondary School and also being a subject teacher of English had participated in a selection process for being appointed as a regular Principal of the school pursuant to the advertisement dated 21.06.2016 by the Member Secretary of the School Selection Committee.

3. From the perusal of the documents annexed to the writ petition and the other affidavits, it transpires that three candidates had offered their candidature in the selection process namely the petitioner Rashmi Dutta Roy (Dass), Minakshi Bhattacharjee (Sen) and Sobita Devi Borthakur. Admittedly, the procedure provided under Rule 13 of the Assam Secondary Education (Provincalised) Service Rules, 2003 (in short, the Rules of 2003) had been followed in the selection process.

4. As required under Rule 13(1) of the Rules of 2003 the School Selection Committee received applications and as required Rule 13(2) the applications were scrutinized and the interview was held and thereafter, as required under Rule 13(3), the School Selection Committee had prepared a panel list of the candidates. Further, the records reveal that the panel list of the three candidates prepared by the School Selection Committee was forwarded to the Director of Secondary Education, Assam for being placed before the State Selection Board as required under Rule 13(4).

5. From the affidavit of the Director of Secondary Education, Assam, it appears that at that stage there was a complaint by one of the candidates namely Sobita Devi Borthakur raising an allegation that the Post Graduate degree of the petitioner Rashmi Dutta Roy Dass was not a genuine degree.

6. In the circumstance, the Director had caused an enquiry through the Joint Director namely Dr. Bhupen Talukdar and the Joint Director, Dr. Bhupen Talukdar had submitted an enquiry report that out of the four members of the School Selection Committee, only two of the members had signed the Statement of Marks and therefore, the procedure adopted was vitiated. In the circumstance, there was a decision to go for a re-advertisement and abandon the selection process. Being aggrieved by the aforesaid circumstance, this writ petition is instituted by the petitioner that as the selection process that was initiated pursuant to the advertisement dated 21.06.2016 was made strictly in accordance with the rules and procedure and therefore, a direction be issued that the process itself to be brought to its logical end.

7. Apparently, from the affidavit of the Director of Secondary Education, two issues were of concern for the authorities in not carrying forward the selection process to its logical end.

8. The first concern was regarding the genuinity of the Post Graduate degree of the petitioner Rashmi Dutta Roy Dass.

9. We have perused the certificate of the petitioner Rashmi Dutta Roy Dass as regard her Post Graduate degree, which is annexed as Annexure-1, Page-15 to the writ petition. A perusal of the certificate reveals that the petitioner had obtained her Master of Arts degree in the subject English in December, 1993 from the Osmania University. The Osmania University is said to be an university which is duly recognized by the UGC. It is also one of the reputed universities of the country. There is no allegation that the degree was obtained through the off campus method and it is stated that the petitioner was a regular student of the university and had obtained her degree of Master of Arts in English as a regular student.

10. In the absence of any further material, it cannot be concluded that the Master of Arts degree of the petitioner in the subject English from the Osmania University would have to be construed to be no