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2024 Supreme(Gau) 889

VIJAY BISHNOI, KARDAK ETE
Amborish Adhyapok, S/o. Late Sushil Kumar Adhyapok – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Higher Education Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. D. Mahanta.
For the Respondents: Mr. K. Gogoi, SC, Higher Education, Mr. A. Chamuah, SC, UGC, Mr. K. Gogoi.

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 cont

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