IMPORTANT POINT
The Court established that provincialization eligibility is contingent upon meeting the UGC qualifications at the time of consideration, not at the time of appointment.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. I.H. Saikia, learned counsel, appearing on behalf of the petitioner. Also heard Mr. K. Gogoi, learned standing counsel, Higher Education Department; Mr. B. Gogoi, learned standing counsel, Finance Department; Mr. P.J. Phukan, learned standing counsel, Gauhati University; and Mr. A. Chamuah, learned standing counsel, University Grants Commission(UGC); appearing on behalf of their respective respondents.

2. The petitioner, in the present proceeding, has prayed for a direction upon the respondent authorities to provincialize his service as a Principal of South Salmara College with effect from the date the other teaching and non-teaching staff of the said College were so provincialized i.e. w.e.f. 14.08.2013, along with all consequential benefits. The petitioner has also prayed for a declaration that he was qualified to hold the post of Principal of the said College since the date of his initial appointment i.e. w.e.f. 08.08.1988, in terms of the University Grants Commission(UGC) regulation as in force read with the relaxation as provided in the matter of qualification by the State Government vide a Notification, dated 05.12.1987.

3. As projected in the writ petition, a Governing Body of South Salmara College was constituted in the year 1986. The said Governing Body adopted a resolution on 06.08.1988, to start the first year TDC classes in the said College with effect from the academic session 1988-89. In the said meeting, a further resolution was adopted to appoint the petitioner, herein, as the Principal of South Salmara College along with 9(nine) other teaching staff. Accordingly, the appointment order was issued to the petitioner, appointing him as the Principal of the said College and thereafter, the petitioner joined his service in South Salmara College.

It is to be noted that the petitioner had completed his MA Degree in Economics in the year 1983 with 50.23% marks. The petitioner on joining the post of Principal in the South Salmara College, initiated steps for receiving permission to start the Degree College from the Gauhati University and accordingly, on receiving such permission; the Degree courses were started in the said College from the academic session 1988-89. Thereafter, on further processing being made in the matter; the Government of Assam in the Education Department, vide Notification, dated 27.09.1999, granted concurrence to start the first year TDC classes in the said College with effect from the academic session 1988-89. The Gauhati University granted temporary affiliation upto TDC Part II(Arts) [General Course] to the said College for the academic session 2000-01. The said temporary affiliation was also renewed by the Gauhati University from time to time. The South Salmara College was also granted permission to start TDC(Arts) [Major Course] in Assamese and the same was also granted affiliation by the Gauhati University. The said College was, thereafter, granted permanent affiliation by the Gauhati University vide resolutions, dated 30.07.2010 and 09.07.2011.

The petitioner, herein, contends that being a “venture educational institution”, the South Salmara College was extended, by the authorities in the Education Department with financial assistance from time to time. The petitioner further contends that by grant of such financial assistance which was also extended to him; the respondent authorities had recognized that he had the requisite qualification to hold the post of Principal of South Salmara College.

Upon enactment of the Assam Venture Educational Institutions (Provincialization of Services) Act, 2011, and the said College being also brought within the purview of the said Act; the petitioner submitted the particulars of the teaching and non-teaching staff working in the College, on 15.12.2011, in the format so specified for the purpose. However, on a consideration of the particulars so submitted, in the list that was so published of the serving teachers of the