JUDGMENT & ORDER :

Sandeep Mehta, J.

This intra-court writ appeal is directed against the judgment/final order dated 08.11.2018 passed by the learned Single Judge in WP(C) No.2072/2017 whereby, the writ petition preferred by the respondent No.1 was accepted and the selection of the appellant herein (respondent No.10 in the writ petition) as an Assistant Professor, Department of Bodo pursuant to the advertisement dated 06.10.2015 issued by the Principal, Bijni College (Provincialised) was set aside.

2. The writ appellant (respondent No.10 in the writ petition) was placed at merit position No.1 whereas the respondent No.1/writ petitioner was placed at merit position No.2 pursuant to interviews held by the Selection Committee on 24.02.2016.

3. Being aggrieved, the respondent No.1 initially preferred a writ petition, WP(C) No.2564/2016 questioning the award of the first merit position to the writ appellant. The said writ petition, WP(C) No.2564/2016 was disposed of by the learned Single Judge vide order dated 09.12.2016 observing that the recommendations of the Selection Committee had not yet been forwarded by the Governing Body of the College to the Director of Higher Education, Assam who was expected to take a decision either to accept or negate the recommendation of the Selection Committee based on the relevant laws.

4. Pursuant to receiving the said order, the Director of Higher Education, Assam apprised the writ petitioner/ respondent No.1 that the College fell within the domain of the Bodoland Territorial Council (BTC) and thus, the subject matter was in the domain of the Director of Higher Education, BTC.

5. The respondent No.1/writ petitioner filed a review petition being Review Petition No.3/2017 wherein, the Director, BTC was impleaded as a party and the review petition was disposed of by the order dated 27.01.2017 partially modifying the order dated 09.12.2016 and directing the Director of Higher Education, BTC to take a final decision on the recommendation of the Selection Committee.

6. Pursuant to this direction, Governing Body of the Bijni College and Director of Higher Education, BTC provided opportunity of hearing to all concerned parties and passed the order dated 29.03.2017 approving the recommendations of the Selection Committee and forwarded the same to the BTC authority seeking administrative approval for appointment of the writ appellant as an Assistant Professor.

7. Being aggrieved by the order dated 29.03.2017, the respondent No.1/writ petitioner again approached the High Court by filing the captioned writ petition as WP(C) No.2072/2017 which was allowed by the impugned order dated 08.11.2018 which is assailed in this appeal.

The learned Single Judge held that the writ appellant was wrongly awarded two marks of experience for the period during which she had joined the Junior Research Fellowship offered by the UGC and the position post reduction of two marks relegated her below the writ petitioner in merit.

8. The core issue calling for adjudication of this Court in this appeal is as to whether the writ appellant who had joined the Junior Research Fellowship (JRF) course offered by UGC on 27.08.2013 could claim 2(two) marks for teaching experience after the date on which she joined such Fellowship.

9. The writ petitioner/respondent No.1, referred to UGC guidelines and contended before the learned Single Judge that the private respondent/writ appellant herein, could not have been awarded 2(two) marks of teaching experience for the year 2013-2014 since she had joined the Junior Research Fellowship (JRF) being offered by the UGC. If 2(two) marks were deducted from the gross marks of the writ appellant/respondent No.10, then she would be placed below the writ petitioner in merit and hence, the appointment of the writ appellant/respondent No.10 as an Associate Professor was illegal and arbitrary.

10. The contention of the writ appellant/respondent No.10 was that despite joining the JRF, she as well as respondent No.1/writ pe