1. Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. S. Das, learned Standing Counsel, Education (Higher) Department, appearing for the respondent Nos. 1 & 2 and Mr. B. Deori, learned Junior Government Advocate, Assam, appearing for the respondent No. 4.

2. As agreed to by the learned counsel appearing for the parties, the writ petition is taken up for final consideration and disposal at the admission stage itself.

3. The petitioner herein has raised a grievance with regard to the action/inaction on the part of the respondent authorities in provincialising his services as a Tutor in Harendra Chitra College, Bhaktardoba, Barpeta in place of his entitled provincialisation as an Assistant Professor in the said College. The petitioner has also prayed for a direction upon the respondent authorities for releasing to him his due benefits on provincialisation of his services as an Assistant Professor w.e.f. 01.01.2021.

4. The petitioner in the writ petition has projected that on being found to be eligible, the Governing Body of Harendra Chitra College proceeded to appoint him as a Lecturer in the Department of Economics vide issuance of an order dated 28.12.2010. The petitioner, on accepting the said order of appointment, joined his services as a Lecturer in the Department of Economics on 29.12.2010 and is working therein as such. It is the case of the petitioner that although his case was considered for provincialisation of his services under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (hereinafter referred to as “Act of 2011”) and his name was included in the qualified list of teachers for such provincialisation but on account of the fact that the said College was left out from the purview of provincialisation as contemplated under the provisions of the said Act of 2011, the services of the petitioner could not be provincialised under the Act of 2011. Thereafter, on enactment of the provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 (hereinafter referred to as “Act of 2017”) and the petitioner having satisfied the eligibility criteria as mandated under the provisions of the said Act of 2017, his case was taken up for provincialisation of his services along with other serving eligible teachers in the said College.

5. On completion of the process as envisaged under the provisions of the Act of 2017, the services of the petitioner herein came to be provincialised vide issuance of an order dated 05.02.2021 w.e.f. 01.01.2021 in the Department of Economics as a Tutor Assistant Professor with fixed salary of 27,000/- per month. The petitioner although accepted the said provincialisation of his services as effected vide the order dated 05.02.2021, it is the contention of the petitioner that he being eligible for being so provincialised as an Assistant Professor with the UGC scale of pay as attached to the said post, the present proceedings have been so instituted.

6. The petitioner’s contention is that he having acquired his M.Phil Degree in the month of July, 2008, he was eligible in terms of the relaxation as provided to persons obtaining M.Phil/Ph.D Degree on or before 10.07.2009 from possessing the NET/SLET qualification as mandated under the UGC norms. In this connection, the petitioner has referred to the decision of the UGC vide resolution No. 472 adopted in the meeting held on 27.09.2010, by which it was provided that all candidates having M.Phil Degree on or before 10.07.2009 shall remain exempted from the requirement of NET for the purpose of appointment as Lecturer/Assistant Professor. It is the further contention of the petitioner that the said resolution of the UGC as adopted in its meeting held on 27.09.2010 was also adopted by the Government of Assam, Education (Higher) Department vide Notification dated 01.01.2011.

7. In view of the said position, it is contended that t