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2024 Supreme(Gau) 430
THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. Unni Krishnan Nair, J.
Priyanka Chanda D/o Sri Ranjit Chanda - Appellant
Vs.
Karimganj College And Ors. - Respondent
WP(C) No. 6484 of 2021
Decided On : 03-04-2024
Advocate Appeared:
For the Appellant : Mr A Dasgupta
For the Respondent: SC, Higher Edu
OBC candidates must possess a Non Crème Layer (NCL) Certificate to be eligible for reserved posts.
Headnote:
OBC Reservation - Appointment as Assistant Professor - - [Summary of relevant acts and sections]
Fact of the Case:
The petitioner, an OBC candidate, applied for the position of Assistant Professor in the Bengali department of Karimganj College. The college advertised two posts for Assistant Professor in Bengali, one reserved for ST (P) community and the other for OBC/MOBC candidates. The petitioner, having fulfilled the eligibility criteria, applied for the OBC reserved post. However, her application was rejected due to the absence of a Non Crème Layer (NCL) Certificate.
Finding of the Court:
The court found that the petitioner did not possess a NCL Certificate, which is mandatory for OBC candidates applying for reserved posts. As a result, the petitioner was deemed ineligible for the position of Assistant Professor in the Bengali department.
Issues: The main issue was whether the petitioner, as an OBC candidate, was eligible for the reserved post of Assistant Professor in the Bengali department without possessing a NCL Certificate.
Ratio Decidendi: The court held that OBC candidates must possess a NCL Certificate to be eligible for reserved posts. Without the NCL Certificate, the petitioner was deemed ineligible for the position.
Final Decision: The writ petition was dismissed as devoid of merit, and no costs were imposed.
- Heard Mr. A. Dasgupta, learned Senior Counsel for the petitioner. Also heard Mr. S. Das, learned Standing Counsel for the Higher Education Department representing the respondents no. 4, 5 & 6. None has appeared for the respondents no. 1, 2, 3 & 7.
2. As consented to by the learned counsel appearing for the parties, the present writ petition is taken up for final consideration and dispose of.
3. The petitioner, by way of instituting the present proceeding has prayed for a direction upon the respondent authorities to issue to her an appointment order as an Assistant Professor in the department of Bengali of Karimganj College, Assam in pursuance to the advertisement issued by the college authorities on 05.10.2019.
4. The petitioner herein contends that she belongs to the OBC community and has her OBC Certificate along with a Non Crème Layer Certificate. The petitioner contends that she had acquired all the requisite qualifications as mandated for appointment as an Assistant Professor in the department of Bengali. The authorities of the Karimganj College vide an advertisement dated 05.10.2019, invited applications from eligible candidates for the post of Assistant Professor in various departments of the said college, including two posts of Assistant Professor in the department of Bengali as available in the college. In the advertisement, it was prescribed that one of the two posts as advertised for the post of Assistant Professor in the department of Bengali would be reserved for ST (P) community candidates and the other post would be reserved for the OBC/MOBC candidates. The petitioner being an OBC candidate and having fulfilled the requisite eligibility criterias proceeded to submit her application in pursuance to the said advertisement dated 05.10.2019.
Accordingly, the petitioner being found to be eligible to participate in the said recruitment process, she was vide a letter dated 22.11.2019, issued by the college authorities required to appear before a selection committee as constituted in the college along with all her requisite particulars. It is the contention of the petitioner that on conclusion of the selection process the selection committee had recommended the name of one Vyasdev Ghosh for appointment against the post of Assistant Professor in the department of Bengali reserved for the OBC candidates. Thereafter, the said decision of the selection committee being accepted by the Governing Body of the college, the name of said Vyasdev Ghosh came to be forwarded to the Director of Higher Education Department for his approval. The Director of Higher Education Department vide a communication dated 03.03.2021, rejected the proposal as submitted in respect of Vyasdev Ghosh by the college authorities on the ground that the Caste Certificate as submitted by him in the selection process being issued by the authorities in West Bengal, Vyasdev Ghosh cannot be construed to be an OBC community candidate in the State of Assam and he would be considered as a general category candidate only. Accordingly, it was held that the case of Vyasdev Ghosh was not entitled to be considered in response to the advertisement dated 05.10.2019, issued by the college authorities for the post of Assistant Professor in the department of Bengali.
The petitioner on coming to learn of the said developments submitted an application praying for considering her case for appointment against the post of Assistant Professor in the department of Bengali as advertised in the advertisement dated 05.10.2019 and reserved for the OBC candidates. The respondents having not favorably considered the said representation preferred by the petitioner in the matter, the present proceedings have been instituted.
5. Mr. A. Dasgupta, learned counsel appearing for the petitioner submits that in the interview held 12 candidates were shortlisted for the purpose; however, on the date of interview only 11 candidates had appeared in the selection process. Out of the 11 candidates so appea
