IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MANASH RANJAN PATHAK, J.
Samir Sarkar S/o Shri Sunil Sarkar – Petitioner
Versus
The Gauhati University and Others – Respondents
W.P. (C) No. 4907 of 2022
Decided On : 12-05-2023
Application - Posts of Professor - Petitioner, an Assistant Professor in Department of Business Administration, University, being eligible, filed his application for the post of Associate Professor of Business Administration in University, as advertised within last date of filled-in application, i.e., but with six of his published research papers, though relevant UGC Regulations, “ University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for Maintenance of Standards in Higher Education) Regulations, 2018” as applicable in case, requires a minimum of seven such research publications in peer-reviewed or UGC-listed journals and a total research score of Seventy Five (75) as per criteria given in Appendix-II, Table-2 of said 2018 UGC Regulations – Held, Since, said order dated of Court passed earlier in proceeding was neither challenged by petitioner nor by respondents, including University, regarding making of an alternative arrangement of interview of petitioner in terms of order dated is definitely subject to scoring of 75 Research Score as per criteria given in Appendix-II, Table-2 of said 2018 UGC Regulations with regard to peer-reviewed publications or UGC-listed Journals that petitioner submitted along with his application for open post of Associate Professor of Business Administration under unreserved category in terms of Advertisement T/2020/3 dated issued by respondent University on or before and in pursuance of the order of Court passed in present proceeding - Since he is not eligible to open post of Associate Professor of Business Administration under unreserved category in terms of Advertisement T/2020/3 dated of University, prayers made by petitioner in this writ petition is not sustainable in law - Writ petition being devoid of merit, stands dismissed.
JUDGMENT :
MANASH RANJAN PATHAK, J.
1. Heard Mr. K. Singha, learned counsel for the petitioner and Mr. P.J. Phukan, learned Standing counsel, Gauhati University for the respondent Nos. 1, 2 and 3. Also heard Mr. H. K. Das, learned counsel appearing for the respondent No. 4.
2. By Advertisement T/2020/3 dated 02.06.2020 the Registrar of Gauhati University invited application from Indian Citizens for various teaching posts of Professor, Associate Professors and Assistant Professor (permanent) including an Open post of Associate Professor of Business Administration, under Unreserved Category, in the UGC revised pay scale of Rs. 1,31,400/- to Rs. 2,17,100/- specifying that the minimum essential qualification shall be as per the existing UGC norms and that the last date of receipt of filled-in application as 27.06.2020.
3. The petitioner, an Assistant Professor in the Department of Business Administration, Gauhati University, being eligible, filed his application for the post of Associate Professor of Business Administration in Gauhati University, as advertised on 02.06.2020 within the last date of filled-in application, i.e. 27.06.2020, but with six of his published research papers, though the relevant UGC Regulations, “ University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education) Regulations, 2018” as applicable in the case, requires a minimum of seven such research publications in the peer-reviewed or UGC-listed journals and a total research score of Seventy Five (75) as per the criteria given in Appendix-II, Table-2 of the said 2018 UGC Regulations.
4. The respondent Gauhati University fixed 29.07.2022 for interview to the post of Associate Professor of Business Administration that was advertised on 02.06.2020.
5. The petitioner on 20.07.2022 physically and through e-mail submitted an application before the Registrar of Gauhati University stating that he inadvertently could not enclose all the publications along with his application form for the post of Associate Professor of Business Administration that were published before the advertisement and the date of application and prayed to allow him to add all those publications with his application that he submitted for the post of Associate Professor of Business Administration and also to allow him to sit in the interview.
6. The petitioner on 29.07.2020 filed the present writ petition, informing the Court that the respondent Gauhati University did not allow him to participate in the viva voce/interview for the said post of Associate Professor of Business Administration advertised on 02.06.2020, stating that his said application dated 20.07.2022 has not yet been considered by the said University. As such the petitioner, amongst others, prayed for a direction to the respondent Gauhati University to allow him to participate in the selection for the post of Associate Professor in the Department of Business Administration in pursuance to the Advertisement T/2020/3 dated 02.06.2020 issued by the respondent No. 3, Registrar of Gauhati University and to quash the impugned selection for the said post of Associate Professor in the Department of Business Administration as advertised on 02.06.2020, with an interim prayer that the selection for the post of Associate Professor in the Department of Business Administration, Gauhati University as advertised on 02.06.2020 should be stayed.
7. By order dated 29.07.2022, the Court directed the respondent Gauhati University to allow the petitioner to appear in the interview for the said post of Associate Professor of Business Administration that was scheduled on 29.07.2022 with the observation that if the interview is over by the time the concerned authorities of the respondent University receives the order, then the said University shall make necessary arrangement for interview of the petitioner on a later date.
8. The
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