Point of law : The law of interpretation provides that whenever there is a general provision of law and also a special provision, if special provision is applicable to a particular facts and circumstances of case, the special provision would prevail over the general provision of law.

JUDGMENT :

1. Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for the respondents No.1 and 2 being the authorities under the Higher Education Department of the Govt. of Assam and Mr. M. Hussain, learned counsel for the respondents No.3 and 4 being the Governing Body of the Nabajyoti College, Kalgachia, Mr. M.K. Choudhury, learned senior counsel assisted by Mr. M. Sarma, learned counsel for the respondent No.5 and Mr. A. Chamua, learned counsel for the respondent No.6 being the UGC.

2. The petitioner No.1 who is a social worker, the petitioner No.2 who is an elected member of Bolaipather Gaon Panchayat and the petitioner No.3 who is a businessman, institute this petition for a writ in the nature of quo-warrento assailing under what authority of law the respondent No.5 Shahjahan Ali Ahmed is holding the post of Principal of Nabajyoti College in the district of Barpeta or to be put in a different manner alleging that the respondent No.5 had usurped the office of the Principal of Nabajyoti College.

3. It is contended that Nabajyoti College is a provincialised college under the Govt. of Assam and as such, the office of the Principal of the college would be a public office and therefore, a writ of quo-warrento would be maintainable.

4. The petitioners refer to the advertisement dated 29.11.2011 of the President Governing Body Nabajyoti College, Kalgachia pursuant to which the respondent No.5 was appointed as the Principal of the college by the order dated 06.01.2012. The advertisement provides the last date of submission of application to be 15.12.2011. The petitioners further refer to Clause-3 of the advertisement which inter alia provides that for the post of Principal of the college one of the required qualification would be that the candidate must be an Associate Professor/Professor with a total experience of 15 years of teaching/research/administration in University/Colleges and other institutes of higher education. The petitioners also refer to Clause-4 of the advertisement which provides for a minimum score as stipulated in the Academic Performance Indicator (API) based on the performance based appraisal for direct recruitment of Professors in the college.

5. By referring to the aforesaid two clauses in the advertisement, the petitioners state that the respondent No.5 was appointed as a lecturer for the subject Education in G.L. Choudhury College as per the appointment letter dated 15.09.1992 on a consolidated salary of Rs.500/- per month till such time his MA results were out. The respondent No.5 passed his MA examination in 2nd class on 25.02.1993 from the North Eastern Hill University, Shillong and thereafter by the order dated 17.04.1993 of the Secretary of G.L. Choudhury College, he was allowed to act as a lecturer on adhoc basis for three months w.e.f. 01.04.1993 to 30.06.1993. By another order, the service of the respondent No.5 was extended from 01.07.1993 to 30.09.1993. In paragraph-5 of the writ petition, it is stated that the respondent No.5 thereafter joined Kamargaon College as a lecturer in Education and he has been rendering his service in such manner from 01.12.1993 and to that effect there is a certificate issued by the Principal of Kamargaon College, which was issued on 01.12.2011.

6. From the aforesaid conspectus of facts narrated by the petitioners, we have to understand that from 01.12.1993 the respondent No.5 is on regular service as a lecturer in the Kamargaon college upto the time he had submitted his application pursuant to the aforesaid advertisement dated 29.11.2011.

7. By referring to the aforesaid service condition of the respondent No.5, the petitioners raise a contention that the adhoc period of service from 01.04.1993 up to 30.06.1993 in G.L. Choudhury College cannot be counted towards his experience inasmuch as, as per the appropriate regulation of the UGC, the adhoc period of service cannot be taken into account towards counting the teaching experienc