The main legal point established in the judgment is the interpretation and applicability of the Office Memorandum dated 25.06.2012 and 14.08.2015 in the selection process for the post of Assistant Professor.

JUDGMENT :

Heard Mr. A.J. Atia, learned counsel for the petitioner. Also heard Mr. S. Das, learned Standing Counsel, Higher Education Department appearing for the respondent Nos.1, 2, 3 & 4 and Mr. T.J. Mahanta, learned Senior Counsel assisted by Ms. P. Sarma, learned counsel appearing for respondent Nos.5 & 6.

2. The petitioner, in the present proceedings, has presented a challenge to an order dated 17.04.2017, issued by the Director of Higher Education, Assam, by which the proposal submitted for appointment of the petitioner as Assistant Professor in the Department of Education of Baosi Banikanta Kakati College, Nagaon, Barpeta was rejected. The present petitioner has also challenged the advertisement dated 12.04.2018 which was issued by the college authorities in pursuance to the said order dated 17.04.2017.

3. In pursuance to an advertisement dated 18.07.2015, issued by the Principal of Baosi Banikanta Kakati College, Nagaon, Barpeta, inviting applications from candidates fulfilling UGC norms for filling the post of Assistant Professor, Education in the said college, the petitioner submitted her application and the petitioner was called for appearing in the interview scheduled on 05.12.2015.

4. The Selection Committee, in pursuance to the said selection process, placed the petitioner at Serial No.1 on merits and after approval of the recommendations of the Selection Committee, by the Governing Body of the College, the proposal along with the requisite materials were forwarded by the college authorities to the Director of Higher Education, Assam, vide their communication dated 17.12.2015 for approval of the selection of the petitioner against the said post and for issuance of her appointment order.

The Director of Higher Education, vide a communication dated 16.07.2016 required the college authorities to examine the marks given under the heading “teaching experience” of the selected candidate as per the provisions of Clause 3 of the Office Memorandum dated 14.05.2015.

The College authorities, thereafter on re-examination of the matter, resubmitted the proposal seeking approval of the selection of the petitioner and for her appointment against the said post of Assistant Professor, Education.

The Director of Higher Education, Assam, vide his order dated 17.04.2017 rejected the proposal as submitted by the college authorities and returned the same to the college with a further direction to re-advertise the post in question. The proposal was rejected on the ground that the marks awarded for “teaching experience” was not in accordance with the Office Memorandum dated 25.06.2012 and on that count the “teaching experience” marks given to the petitioner for her such experience garnered while working at Barpeta B.T. College was held to be not sustainable on the ground that the said college was not an affiliated Degree College.

Thereafter, vide a communication dated 18.09.2017, it was further clarified by the Deputy Director, Higher Education, Assam, that the request made by the college authorities for reconsideration of the rejection of approval to the selection of the petitioner could not be entertained on the ground that the experience garnered by the petitioner in Barpeta B.T. College is not reckonable for awarding to her marks under the Column “Teaching experience” as the said College does not fall within the purview of the term “First Degree College”.

In terms of the order dated 17.04.2017, the college authorities, vide an advertisement dated 12.04.2018 proceeded to re-advertise the post of Assistant Professor in the Department of Education.

5. The order dated 17.04.2017 and the advertisement dated 12.04.2018 are presently under challenge in the present proceedings.

6. Mr. A.J. Atia, learned counsel for the petitioner, by referring to the order dated 17.04.2017, has submitted that the interview for the said post was held on 05.12.2015 and on the date when the interview was so scheduled, the Office Memorandum dated 25.06.2012 was already m