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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ACHINTYA MALLA BUJOR BARUA, J.
Yamin Hassan S/o Late Emdadul Haque – Petitioner
Versus
The State of Assam and Others – Respondents
W.P. (C) No. 4690 of 2020
Decided On : 22-02-2022
Assam College Employees (Provincialisation) Rules, 2010 - Rule 5(1) - Advertisement - Post of Principal - Petitioner had offered his candidature for post of Principal of Pramathesh Baruah College, pursuant to advertisement dated, which was published in local daily newspaper namely Assam Tribune as well as another news paper - Authorities in Governing Body of the Pramathesh Baruah College, by Resolution No.2 dated resolved that 5 Nos. of applications were received pursuant to aforesaid advertisement and an unanimous resolution was taken that 5 Nos. of applications be sent to Vice Chancellor of University at earliest for screening and for holding interview as per the guidelines laid down by Director of Higher Education Assam - Accordingly, President of Governing Body was requested to forward said decision to Vice Chancellor of University for his approval and for necessary steps to complete process of selection - Consequent thereof, President of Governing Body by communication dated, requested Vice Chancellor University that necessary steps be taken for assessing API score of applicants and also to hold the interview for selection of regular Principal of College at earliest
Finding of the Court:
Impugned communication of Academic Registrar, University was made whereby in exercise of procedure adopted by University, candidature of writ petitioner stood rejected and only four of other applicant/candidates were recommended for appearing before Selection Committee - Having rejected the candidature of petitioner by authorities in University pursuant to steps that may have taken to also hold interview for selection of regular Principal of college concerned, Court have to understand that authorities in University has also adopted for itself, power and authority to make selection - Such assumption of power inspite of communication of President of Governing Body of college dated, in Court view would be in conflict with provisions of Rule 7 of Rules of 2010 - As concluded above, authorities in University upon necessary assessment of API score may transmit the same to Selection Committee constituted for the purpose of selection of Principal of College and Selection Committee may take note of such API evaluation may proceed further with selection and bring it to its logical end - In doing so, Selection Committee shall take on board all five applicants and make their own individual assessment on merit for selection of candidate.
Result: Writ petition stands allowed
JUDGMENT :
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Mr. R.P. Sharma, learned senior counsel for the petitioner and Mr. K. Gogoi, learned counsel for the respondents No. 1 and 2 being the authorities in the Higher Education Department of the Government of Assam, Mr. B. Konwar, learned counsel for the respondent No. 3 being the University Grants Commission, Mr. P.J. Phukan, learned counsel for the respondents No. 4 and 5 being the authorities in the Gauhati University and Mr. C. Baruah, learned counsel for the respondents No. 6 and 7 being the authorities in the Governing Body of Pramathesh Baruah College, Gauripur.
2. The petitioner Dr. Md. Yamin Hasan had offered his candidature for the post of Principal of Pramathesh Baruah College, Gauripur, pursuant to the advertisement dated 12.09.2020, which was published in the local daily newspaper namely The Assam Tribune as well as another news paper namely Asomiya Pratidin.
3. In course of the selection process, the authorities in the Governing Body of the Pramathesh Baruah College, Gauripur by the Resolution No. 2 dated 10.10.2020 resolved that 5 Nos. of applications were received pursuant to the aforesaid advertisement and an unanimous resolution was taken that the 5 Nos. of applications be sent to the Vice Chancellor of the Gauhati University at the earliest for screening and for holding the interview as per the guidelines laid down by the Director of Higher Education Assam. Accordingly, the President of the Governing Body was requested to forward the said decision to the Vice Chancellor of the Gauhati University for his approval and for necessary steps to complete the process of selection. Consequent thereof, the President of the Governing Body by the communication dated 12.10.2020, requested the Vice Chancellor of Gauhati University that necessary steps be taken for assessing the API score of the applicants and also to hold the interview for selection of the regular Principal of the College at the earliest. In furtherance thereof, the Academic Registrar of the Gauhati University by the communication dated 02.11.2020 informed the President-cum-Principal Secretary, Selection Committee of Pramathesh Barua College Gauripur that upon scrutiny four of the applicants have acquired the requisite API score and have been found eligible as per the UGC Regulations On 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, 2018 (for short, the UGC Regulations of 2018) and therefore be recommended for appearing before the Selection Committee. It is taken note that five applications were forwarded to the Gauhati University for determining the API score and in response thereof, the Gauhati University had found that four of the candidates have the requisite API score and were declared to be eligible for appearing before the Selection Committee in doing so the petitioner Dr. Md. Yamin Hassan had been left out.
4. Being aggrieved, this writ petition is instituted.
5. The selection for the post of Principal of provincialised colleges is governed by Assam College Employees (Provincialisation) Rules, 2010 (for short, the Rules of 2010). Rule 5 of the Rules of 2010 provides for the method of recruitment and Rule 5(1) provides that the appointment to the post of Principal shall be by direct selection and for the purpose the Governing Body shall constitute a Selection Committee which shall select a person on the basis of an interview from amongst the eligible candidates who shall apply in response to an open advertisement in newspapers and thereupon the Governing Body shall recommend the selected candidate to the Director, who shall issue orders of appointment.
6. Rule 7 of the Rules of 2010 provides that for recruitment all appointments, either by direct recruitment or by promotion, sha
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