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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HON’BLE THE CHIEF JUSTICE MR. JUSTICE VIJAY BISHNOI, HON’BLE MR. JUSTICE KARDAK ETE, J.
Dr. Amborish Adhyapok, S/o. Late Sushil Kumar Adhyapok & Ors. - Petitioners
Versus
The State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Higher Education Department & Ors. - Respondents
WP(C) No. 6764 of 2021
Decided On : 23-07-2024
RESERVATION - COLLEGE EMPLOYEES - Assam College Employees (Provincialisation) Act, 2005; Assam College Employees (Provincialisation) Rules, 2010; University Grants Commission Act, 1956; Central Educational Institutions (Reservation in Teachers Cadre) Act, 2019 - The court examined the legality of Rule 12 of the Assam College Employees (Provincialisation) Rules, 2010, which mandates college-wise reservation for teaching posts. The court highlighted that this rule conflicts with UGC guidelines that require department-wise reservation. The UGC guidelines, amended in 2018, emphasize that reservations should be applied at the department level to ensure fair representation of SC/ST and OBC candidates. The court concluded that the impugned rule does not violate constitutional provisions and upheld its validity, stating that the UGC guidelines are binding but do not necessitate the amendment of state rules.
Fact of the Case:
The petitioners, Master Degree holders in Sanskrit, challenged Rule 12 of the Assam College Employees (Provincialisation) Rules, 2010, which mandates college-wise reservation for teaching posts, arguing it contradicts UGC guidelines and leads to unfair representation in various departments.
Finding of the Court:
The court found that the impugned portion of Rule 12 does not violate any constitutional rights or legislative competence. It upheld the validity of the rule, stating that the UGC guidelines, while binding, do not require the state to amend its rules.
Issues: Whether Rule 12 of the Assam College Employees (Provincialisation) Rules, 2010, which mandates college-wise reservation, is ultra-vires and contrary to UGC guidelines requiring department-wise reservation.
Ratio Decidendi: The court determined that the UGC guidelines, while emphasizing department-wise reservation, do not invalidate the existing state rules. The court also noted that the petitioners failed to demonstrate any constitutional violation or legislative incompetence.
Final Decision: The writ petition was dismissed, and the court found no merit in the petitioners' claims against Rule 12 of the Assam College Employees (Provincialisation) Rules, 2010.
JUDGMENT :
Kardak Ete, J.
Heard Mr. D. Mahanta, learned counsel for the petitioners. Also heard Mr. K. Gogoi, learned Standing Counsel, Higher Education, Govt. of Assam for the respondent Nos. 1, 2 and 4 and Mr. A. Chamuah, learned Standing Counsel, UGC for the respondent No.3.
2. By instituting this writ petition, the petitioners have assailed the portion of Rule 12 of the Assam College Employees (Provincialisation) Rules, 2010, (hereinafter referred to as Assam College Rules, 2010), wherein it lays down that since an individual college is a separate entity for the purposes of cadres, reservation would be applicable college-wise for each individual cadre separately for which a proper register of roster shall be maintained, being ultra-vires and contrary to the University Grants Commission (hereinafter referred to as UGC) guidelines. The petitioners have prayed for a direction to amend the relevant portion of the above Rule-12 in consonance with the UGC guidelines.
3. The petitioners, in two in numbers, claim to be the Master Degree holders in Sanskrit subject having UGC norms and are eligible to be appointed to the post of Assistant Professor in the colleges of the country. It is contended that the different advertisement issued by the State of Assam for filling up the post of Assistant Professor in the various colleges of Assam, stipulates college-wise reservation, which is in conflict with the UGC amended notification dated 05.03.2018 as well as various decisions of the Hon’ble Supreme Court. The petitioners along with the others, being aggrieved had approached this Court by filing WP(C) No. 7959/2019 with a plea that due to college-wise reservation, some departments are having all the reserved candidates and some are having only unreserved candidate and also prayed that the reservation should be department wise in a particular cadre by following UGC amendment notification dated 05.03.2018 which is still pending before this Court.
4. The State of Assam for the purpose of provincialisation of the services of employees of the Non-Governmental Colleges in receipt of deficit grants-in-aid in the State of Assam has enacted the Assam College Employees (Provincialisation) Act, 2005. In exercise of powers conferred under sub-section (1) of Section-12 of the Assam College Employees (Provincialisation) Act, 2005, the Assam College Rules, 2010 has been framed and published on 22.11.2010. The Rule 12 of the Assam College Rules, 2010 provides that in all cases of appointment by direct recruitment as well as by promotion there shall be reservation for candidates belonging to the members of the SC, ST as per provision of the SC, ST (Reservation of Vacancies in Services and Posts) Act, 1978 and Rule framed there under. There shall also be reservation for candidates belonging to OBC as per Government instructions. General order in respect of reservation in favour of other categories of candidates like physically handicapped as may be in force shall also be followed. Since an individual college is a separate entity for the purposes of cadres, reservation would be applicable college-wise for each individual cadre separately for which a proper register of roster shall be maintained. As Principal is a single post cadre no reservation would be applicable to it. The Governing Body shall be responsible to ensure that reservations are made as per Rules.
5. The challenge in the present proceedings is the portion of the above rule 12 which provides, particularly, that since an individual college is a separate entity for the purposes of cadres, reservation would be applicable college-wise for each individual cadre separately for which a proper register of roster shall be maintained.
6. In exercise of the power vested under Section 20(1) of the University Grants Commission Act, 1956, the Central Government has directed the UGC to ensure effective implementation of the reservation policy in the Central Universities and those institutions Deemed to be Universit
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