The main legal point established in the judgment is the need to reconcile the application of the Office Memorandum dated 25.06.2012 with the UGC Regulations and determine the affiliation status of the college.

ORDER :

This order will dispose of both the writ petitions.

2. Heard Mr. D Das, learned Senior Counsel assisted by Mr. JUNM Laskar for the petitioner in WP(C) No. 951/2018. Also heard Mr. B D Das, learned Senior Counsel assisted by My. B Purkayastha for the petitioner in WP(C) No. 3620/2018. The petitioner in WP(C) No. 3620/2018 is the respondent No. 6 in WP(C) No. 951/2018 and likewise, the petitioner in WP(C) No. 951/2018 is the respondent No. 5 in WP(C) No. 3620/2018.

3. Brief facts of the case is that an Advertisement dated 23.12.2015 was floated by the Principal-in-Charge, Cachar College, Silchar for filling up of one post of Assistant Professor in Political Science (Unreserved) in the said College apart from similar posts in other subjects. The petitioner in both the writ petitions and others who applied for the said post underwent the selection process by submitting their documents and testimonials as was required. The constituted Selection Committee then prepared a comparative statement which contained marks obtained by each of the applicants and the petitioner in WP(C) No. 3620/2018 was shown to have secured the highest marks with a total of 62.92 marks. As for the petitioner in WP(C) No. 951/2018, he was shown to have secured the 3rd highest marks by scoring 58.11 marks. The petitioner in WP(C) No. 951/2018 upon coming to learn about the same through an RTI application submitted by him and being aggrieved, filed a complaint petition dated 28.09.2016 before the Governing Body of the College with a copy to the Director Higher Education, Assam (DHE) claiming that he is entitled to be given 5 marks under the heading “teaching experience” as per Office Memorandum dated 25.06.2012. The DHE then vide his letter dated 05.12.2016 directed the Principal of the College to place the matter again before the Selection Committee by stating that the Office Memorandum dated 14.08.2015 had already been withdrawn and therefore, the Office Memorandum dated 25.06.2012 where there was no mention about teaching experience to be confined to those who acquired eligibility being revived, the same will be applicable.

4. In terms of the said communication, the Principal of College placed the matter before the Selection Committee and the Selection Committee in its review meeting held on 26.07.2017, reiterated its earlier decision by concluding that no marks for teaching experience can be awarded on the ground that the petitioner in WP(C) No. 951/2018 did not have the requisite qualification as prescribed by the UGC Regulations, 2000 and also on the ground that the College where he earlier served was neither a Government nor a provincialised College.

5. The decision taken by the Selection Committee in its review meeting held on 26.07.2017 was placed before the Governing Body of the College on 25.09.2017 and the Governing Body accepted the decision of the Selection Committee and further resolved to forward the name of the writ petitioner in WP(C) No. 3620/2018 to the DHE for approval and appointment to the post concerned. However, the DHE vide his Order dated 30.12.2017 passed a Speaking Order which was to the effect that the request of the Directorate made on 05.12.2016 to place the matter again before the Selection Committee and Governing Body of the College not being complied with, the recommendation was therefore cancelled. The College was also directed to advertise the post after seeking formal approval for the purpose.

6. Aggrieved with the decision, the petitioner in WP(C) No. 951/2018 filed his writ petition and this Court vide Order dated 21.02.2018 passed an interim order to the effect that the post of Assistant Professor in Political Science in the said College shall not be put for re-advertisement but liberty was given to the DHE to pursue rectification of the earlier selection. Likewise, the petitioner in WP(C) No. 3620/2018 also being aggrieved with the Speaking Order passed by the DHE filed his writ petition praying for setting aside of t