The main legal point established in the judgment is the limited adoption of specific clauses of the UGC Regulations of 2010 by the Higher Education Department of the Government of Assam, and the need for rationalization of marks to avoid potential violations of Article 14 of the Constitution of India.

JUDGMENT :

A.M. BUJOR BARUA, J.

1. Heard Mr. MK Choudhury, learned senior counsel for the petitioners in WP (C) No. 1040/2022, Mr. D Mahanta, learned counsel for the petitioners in WP (C) No. 2100/2022, Mr. AR Bhuyan, learned counsel for the petitioners in WP (C) No. 2515/2022. Also heard Mr. K Gogoi, learned counsel for the respondents No. 2, 3 and 4 being the authorities under the Higher Education Department, Government of Assam and Mr. A Chamuah, learned counsel for the respondent No. 5 being the authorities under the UGC as well as Mr. H Gupta, learned CGC for the respondents in the Union of India.

2. The petitioners are all master degree holders in different subjects also having the UGC norms like NET, SLET, Ph.D etc. and are of the view that they have the necessary qualifications to be eligible to participate in any selection process for the posts of Assistant Professor in the various colleges. In the present writ petition, we are more concerned with the participation of the petitioners in the selection process for the post of Assistant Professors in the colleges in the State of Assam and the views that may be expressed may not be applicable in respect of the eligibility of the petitioners for any posts of Assistant Professors in any other States.

3. Some of the petitioners are stated to be serving in various colleges and other institutes on different terms, but not under a regular employment in any of the colleges under the Higher Education Department of the Government of Assam. It is the stand of the petitioners that all of them had acquired their respective qualifications about 7 to 10 years back. In the circumstance, being duly qualified, they intend to offer their candidature in the selection process that may be undertaken in the Higher Education Department of the Government of Assam. The petitioners are primarily aggrieved by the provisions of the office memorandum dated 24/1/2022 of the Higher Education Department of the Government of Assam wherein, amongst others, the distribution of marks to be adopted in a selection process for the posts of Assistant Professors had been provided. The petitioners are particularly aggrieved that in the distribution of marks out of a total of 100, 72 marks are allotted for academic records which includes the marks that may have been obtained in the HSLC, HSSLC, Degre and Master Degree that the petitioners may have been qualified for.

4. The petitioners in comparison refers to the distribution of marks to be adopted in a selection process provided by the UGC (for short, UGC) as per the appendix III table-II (c) to the communication No. F.3-1/2009 dated 30/6/2010, which in fact notified the UGC Regulations on Minimum Qualifications for appointment of Teachers and other academic staff in Universities and colleges and measures for the maintenance of standards in Higher Education, 2010 (hereinafter to be referred to as the UGC Regulations of 2010).

5. Mr. MK Choudhury, learned senior counsel for the petitioner raises a core contention that distribution of marks in the selection process having been provided by the UGC in appendix III table-II(c) to the communication No. F.31/2009 dated 30/6/2010, the same would be binding even on the authorities of the Higher Education Department of the Government of Assam for the purpose of recruitment to the posts of Assistant Professor in the colleges and no further discretion is vested in the Higher Education Department of the Government of Assam to adopt a different procedure.

6. In order to substantiate the said contention, Mr. MK Choudhury, learned senior counsel for the petitioners refers to various judgments rendered by the Supreme Court and this Court as well as some other High Courts wherein specific provisions are being laid down that the provisions of the UGC Regulations 2010 have a binding effect and, therefore, the authorities under the Higher Education Department of the Government of Assam cannot deviate from such provision and adopted a differ