IMPORTANT POINT
The court affirmed that candidates must possess requisite qualifications as per AICTE guidelines and state notifications, ensuring fair participation in recruitment processes.

JUDGMENT :

SUMAN SHYAM, J.

1. Heard Mr. S. Borthakur, learned counsel for the writ petitioners in WP(C) No. 3346/2024 and WP(C) No. 3475/2024; Mr. N.N.B. Choudhury, learned counsel for the writ petitioners in WP(C) No. 3356/2024 and Mr. B.P. Borah, learned counsel for the writ petitioner in WP(C) No. 3525/2024. Also heard Mr. P.P. Dutta, learned Standing Counsel, Assam Public Service Commission appearing for the respondents in all these case. Mr. D. Upamanyu, learned Standing Counsel, Higher Education Department, Assam; Mr. K.P. Pathak, learned Standing Counsel, AICTE and Mr. S. P. Choudhury, learned Standing Counsel, NIT are also present.

2. Since common questions of law and facts are involved in all these four writ petitions, hence, the same are being taken up for disposal by this common order.

3. The facts of the case, in a nutshell, are that on 25.05.2017 the Assam Public Service Commission (APSC), through its Deputy Secretary, had issued an advertisement notice, bearing No. 05/2017 dated 25.05.2017, inviting applications for filling up of a number of posts in the State Engineering Colleges and Polytechnics of Assam coming under the Higher Education (Tech) Department. The posts so advertised included 66 no. of posts of Assistant Professor (Technical) in 9 different subjects in the Engineering Colleges of Assam. In terms of the advertisement dated 25.05.2017, the writ petitioners in these four writ petitions had applied for recruitment against those 66 posts of Assistant Professor in the Engineering Colleges of Assam. After the screening test was held to shortlist the candidates, a writ petition being WP(C) No. 6005/2021 was instituted before this Court by some candidates inter-alia alleging that some of the candidates who did not possess the requisite qualifications were allowed to participate in the selection process in a manner which was not in accordance with the rules. Taking note of the plea raised by the petitioners in WP(C) No. 6005/2021 the learned Single Judge had passed an order dated 12.11.2021 permitting the APSC to proceed with the selection process but restrained it from declaring the results without the leave of the Court. The APSC was permitted to proceed after proper verification of the candidature of the respective candidates pertaining to the department for which they had applied for before allowing them to participate in the selection process. The APSC had accordingly, constituted an Expert Committee so as to verify the qualification of the candidates who had applied for these posts and thereafter, as per the recommendation of the Expert Committee dated 17.11.2021, the list of eligible candidates were published which included the names of the writ petitioners. The said list was again put to challenge by filing an interlocutory application in WP(C) No. 6005/2021 as a result of which, the matter did not proceed further. It appears that this Court had issued a further direction to the APSC to once again verify the candidature of all the eligible candidates. Thereafter, on 16.05.2024, an order was passed by this Court in WP(C) No. 6005/2021 laying down certain guidelines so as to take the selection process to its logical conclusion. The operative part of the order dated 16.05.2024 is reproduced herein below for ready reference:

“36. In view of the conclusions reached herein above; this Court is of the considered view that the stalemate as continuing with regard to the selection process against the posts of Assistant Professor (Technical) need not be permitted to be continued any further and the petitioners having been found to be ineligible for being called for the viva voce/interview segment of the selection process, and no further material coming on record to indicate the existence of any further illegality in the said selection process; this Court passes the following directions:

(i) The Assam Public Service Commission (APSC) authorities would now proceed to publish the list of the qualified candidates against