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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Sandeep Mehta, Arun Dev Choudhury, JJ.
The State Of Assam, Rep. By The Principal Secretary To The Government Of Assam, Education (Higher) Department And - Appellants
Versus
Dr. Amalendu Nag, S/O- Late Surendra Kumar Nag And Ors. – Respondents
WA/195/2019, WA/284/2017
Decided On : 18-09-2023
UGC Regulations, 2010 - Appeal – Selection process - Whether 55% marks obtained in MA Degree Course by the respondents/aspirants could have made them entitled to be considered for the posts of Principal as being in satisfaction of the UGC norms when such marks were inclusive of grace marks awarded by university concerned - Whether inclusion of grace marks in the MA Degree course would lead to a conclusion that respondents/aspirants did not have good academic records as per the UGC norms applicable for selection to post of Principal – Held, Court that “evidence of research guidance” as provided in the said Clause was in reference to the experience obtained by the candidates as research guides, which were recognised by University concerned while undergoing their Ph.D. Courses. The said argument was repelled with observation and conclusion that the candidates had not acquired the requisite experience as research guides by guiding other research scholars and, thus, they did not fulfil essential qualifications for appointment to the post of Principal - Appeals dismissed.
JUDGMENT :
Sandeep Mehta, J.
These two intra-Court writ appeals involve identical questions of facts and law and hence, the same have been heard and are being decided together by this common order.
2. Brief facts relevant and essential for disposal of these two intra-Court writ appeals are noted hereinbelow.
WA No.284/2017
3. The respondent No.1/writ petitioner, Dr. Protim Sharma, is a Ph.D. Degree holder in English from Dibrugarh University and was appointed as a Lecturer in English in the Dikhowmukh College vide order dated 12.05.1998 issued by the Director of Higher Education, Assam, i.e. the appellant No.2 herein. The service of the respondent No.1, Dr. Protim Sharma, was confirmed vide order dated 21.08.2000 issued by the appellant No.2. He was granted Senior Grade Scale of Pay by order dated 14.10.2011 issued by the appellant No.2 and the pay-scale was made effective from 12.05.2009. Respondent No.1 was promoted to the post of Associate Professor in the Dikhowmukh College vide order dated 12.05.2012.
The President of the Governing Body of Sibasagar Girls’ College, the respondent No.2 herein [respondent No.3 in WP(C) No.5079/2016] issued an advertisement on 09.06.2016 inviting applications from eligible candidates for filling up the post of Principal, Sibasagar Girls’ College.
The respondent No.1, Dr. Protim Sharma, participated in the selection process for the post of Principal of the said College, initiated by the Governing Body of the College in the year 2016.
The Selection Committee examined the applications and recommended the respondent No.1, Dr. Protim Sharma, for appointment to the post of Principal of the said College. The Governing Body of Sibasagar Girls’ College, vide Resolution No.1 of the meeting dated 08.07.2017, accepted the recommendation of the Selection Committee and forwarded the proposal for appointment of the respondent No.1, Dr. Protim Sharma, to the post of Principal, Sibasagar Girls’ College vide communication dated 18.07.2016, to the Director of Higher Education, Assam for approval. The Director of Higher Education rejected the proposal for appointment of respondent No.1, Dr. Protim Sharma vide order dated 05.08.2016 on the ground that the proposal was not in order.
The language of the order dated 05.08.2016 is reproduced herein-below for the sake of ready reference:-
| “No. DHE/CE/AC/306/2016/183 | Dated Kahilipara, the 05-08-2016 |
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| From:-Sri P. Jidung, MA., M.Phil, L.L.B., AES Director of Higher Education, Assam Kahilipara, Guwahati-19. | |
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| To, | |
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| The President, Governing Body, Sibasagar Girls’ College, Sivasagar, District- Sivasagar. | |
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| Sub: Regarding appointment of Principal. | |
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| Ref: Your letter No.GC/67/556/16, dated 19-07-2016. | |
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| Sir, | |
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| In inviting a reference to the subject cited above, I would like to state that the proposal submitted by you vide your letter mentioned under reference in connection with approval of appointment of Principal of your College is found not in order nor in complete form. Further, you have failed to furnish required particulars even after instruction issued by this Directorate vide this office letter No.DHE/ CE/ AC/ 306/ 2016/21, dated 18-07-2016. | |
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| Therefore, the proposal submitted by you has been rejected and cancelled with a direction to reinitiate the whole process of selection by observing all formalities as per guideline in force. | |
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| The matter may be treated as Most Urgent. | |
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| Yours faithfully Director of Higher Education, Assam Kahilipara, Guwahati-19.” | |
The respondent No.1, Dr. Protim Sharma, filed writ petition, WP(C) No.5709/2016, challenging rejection of the proposal by impugned letter dated 05.08.2016, which came to be accepted by the learned Single Bench by order dated 08.09.2017, which is assailed in this writ appeal (WA No.284/2017).
W
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