The main legal point established is that the approval of the Director of Higher Education is crucial for the finalization of the selection process for academic appointments in provincialized colleges.

JUDGMENT :

Heard Mr. P. Mahanta, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned standing counsel, Education (Higher) Department, representing the respondent Nos. 1 & 2 and Mr. S. Sarma, Senior Advocate appearing for respondents no. 3, 4 & 5.

2. As agreed to by the learned counsel for the petitioner learned counsel for the State respondents as well as the learned counsel representing the college authorities, this matter is taken up for disposal at the motion stage itself. In view of the nature of the order that is to be passed in the matter, issuance of notice to respondent no. 6 is not deemed necessary.

3. The petitioner, by instituting the present proceeding has raised the grievance with regard to the manner and method in which the selection process was held for recruitment to the post of Assistant Professor in the Department of Economics of Nowgong College, Nagaon.

4. The Principal, Nowgong College, Nagaon, had on 02.08.2023 issued an advertisement inviting applications from eligible candidates for filing up of vacant post of Assistant Professor in the Department of Economics available in the College. The petitioner being eligible for being considered against the post so advertised submitted his application in pursuance to the advertisement dated 02.08.2023. Thereafter, the petitioner was vide a communication dated 19.08.2023, required to appear for an interview scheduled on 27.08.2023.

5. The petitioner appeared before the selection committee and furnished all requisite documents as mandated. Thereafter, on coming to know that the selection committee had not considered his case in the manner required and had not allotted to him marks under various components in accordance with his eligibility for the same, the petitioner on 06.12.2023 submitted a representation before the Director of Higher Education, Assam, requesting the said authority to examine the matter. In the said representation, the petitioner, amongst others, has contended that the publications made by him were not taken into consideration and no marks came to be allotted to the petitioner for such publications. Having not received any response from the authorities, the petitioner had instituted the present proceeding before this Court.

6. Mr. S. Sarma, learned Senior Advocate appearing for the respondents no. 3, 4 & 5 has submitted that the Director of Higher Education, Assam, had not approved the recommendation made by the College authorities in pursuance to the selection held for the post of Assistant Professor in the Department of Economics, which was advertised vide the advertisement dated 02.08.2023. It is the contention of Mr. Sarma, learned senior counsel representing the College authorities that in pursuance to the selection process the authorities had forwarded the requisite particulars including the resolutions adopted in the matter by the governing body of the College to the Director of Secondary Education for examination and approval.

7. As contended by the parties, the proposal with regard to the appointment against the post of Assistant Professor in the Department of Economics in the college in question is presently pending disposal before the Director, Higher Education Assam and the same is yet to be considered by the said authority in terms of the provisions of the Assam College Employees (Provincialization) Act, 2005 (for short, “2005 Act”), and the Rules of 2010, on account of pendency of the present proceeding. The relevant provisions of the Rules of 2010, are quoted herein below:

“5. Method of Recruitment. Recruitment shall be made in the manner prescribed hereinafter.

(1) Appointment to the post of Principal shall be by direct selection. For this the Governing Body shall constitute a Selection Committee, which shall select a person on the basis of an interview from amongst eligible candidates who apply in response to an open advertisement in newspapers. The Governing Body shall recommend this candidate to the Director, who shall