The central legal point established in the judgment is the interpretation of qualification requirements for the post of Assistant Professor in Zoology and the consideration of Bio-chemistry as an allied subject.

JUDGMENT :

Heard Mr. FA Mazumder, learned counsel for the petitioner, Mr. K Gogoi, learned counsel for the respondents in the Higher Education Department, Government of Assam, Mr. FU Barbhuiya, learned counsel for the authorities in the Patharkandi College, Ms. B Devi, learned counsel for the respondent No. 6 Amorendranath Choudhury, Mr. SC Keyal, learned counsel for the authorities in the Assam University and Ms. K Borpujari, learned counsel for the authorities in the University Grants Commission.

2. The petitioner offered his candidature pursuant to the advertisement dated 07.08.2020, issued by the Principal of Patharkandi College, amongst others, for the three posts of Assistant Professor in Zoology, wherein one post is stated to be reserved for OBC, one post for UR EWS and the other post is for UR. In the remarks column in the advertisement, it is stated as extracted:-

“One/two of the candidates in each subject having specialization in Bio-chemistry/Ecology and Environmental science/fishery/physiology will be given preference.”

3. The petitioner has the qualification of masters in Bio-chemistry and he has offered his candidature which was rejected by the selection committee of the Patharkandi college. On the other hand, in the selection process, the respondent No. 6 Amorendranath Choudhury was selected. Being aggrieved by the rejection of his candidature on the ground that he has the qualification of a Master degree in Bio-chemistry and not in Zoology, this writ petition is instituted.

4. Mr. FZ Mazumder, learned counsel for the petitioner relies upon the remarks in the advertisement as indicated above, wherein it is also provided that one or two of the candidates in each subject having specialization in Bio-chemistry/Ecology and Environmental science/fishery/ physiology will be given preference. As the expression ‘Bio-chemistry’ also appears in the remarks column, Mr. FZ Mazumder, learned counsel for the petitioner makes a submission that a Master degree in Bio-chemistry is also relevant as prescribed in the advertisement.

5. Mr. K Gogoi, learned counsel for the respondents in the Higher Education Department as well as Mr. SC Keyal, learned counsel for the Assam University under whom the Patharkandi college is affiliated as well as Mr. FU Barbhuiya, learned counsel for the authorities in the Patharkandi college make a submission that the required qualification as per the advertisement is a Master degree in Zoology itself and what is provided is that in the event a person has the qualification of Zoology and has a specialization paper in Zoolozy, amongst others, in Bio-chemistry, such candidate would be given a preference.

6. A plain reading of the provision in the remarks column in the advertisement leads us to accept the interpretation given by the learned counsel for the Higher Education Department, Assam University as well as the Patharkandi college and when a specialization in Bio-chemistry would be given preference is provided in the remarks column, it would be construed that Zoology which is stated to be an independent subject would also be the required qualification in the advertisement. But, however, Mr. FZ Mazumder, learned counsel for the petitioner relies upon an Office Memorandum dated 08.11.2018 of the Higher Education Department of the Government of Assam, wherein for the purpose of selection for the post of Assistant Professor, it is provided that the candidate should have good academic record as defined by the concerned university with at least 55 percent marks or an equivalent grade at the master degree level in a relevant subject from a university or equivalent degree from an accredited foreign university. Further reliance is placed on the draft UGC Regulation on minimum qualification, 2018, wherein in clause-4.1, it is also provided that the eligibility for the post of Assistant Professor in a given subject would be Master’s degree with 55% marks in a relevant/allied subject. Placing reliance on the expressio