IMPORTANT POINT
The court emphasized the need for consistent application of UGC guidelines in awarding marks for teaching experience and ruled that degrees obtained through off-campus modes are invalid.

JUDGMENT :

Kardak Ete, J.

Heard Mr. S. Dutta, learned Senior Counsel, assisted by Mr. S. Dutta, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned standing counsel, Higher Education Department, for respondent Nos.1 to 11 and Mr. A. Chamuah, learned standing counsel, UGC, for respondent No.12.

2. This intra court appeal is directed against the judgment and order dated 16.03.2023, passed by the learned Single Judge in WP(C) No.6012/2018, assailing a part of the order/direction, particularly, the direction that the said authority shall take note of the fact that the petitioner would not be entitled to marks for time taken by the petitioner to acquire his M.Phil. and Ph.D. Degree by considering it as teaching/research experience to be claimed for appointment to the post of Asstt. Professor.

3. The facts of the case in brief, are that the Appellant/writ petitioner is serving as an Asstt. Professor and Head of the Department of Computer Science & Application in Karimganj College under the Assam University. He obtained the M.Phil. degree on 29.09.2008 and claims that on the said date he became UGC qualified Asstt. Professor and he is entitled to get marks on teaching experience and Ph.D. degree on 02.05.2014. Pursuant to advertisement dated 08.05.2017 for the post of Asstt. Professor, Computer Science in three of the Pandit Din Dayal Upadhya Mahavidyalayas (hereinafter referred to the PDUAM in short) at Amjonga, Tulungia and Dalgaon, the appellant applied for the post of Asstt. Professor in Computer Science. The Government of Assam has recognized qualifying marks on M.Phil degree to the candidates who have obtained the same before 10.07.2009.

4. It is the contention of the appellant that the Selection Committee of the two PDUAM Colleges awarded marks to the appellant in terms of Office Memorandum dated 25.06.2012, which demonstrates that a candidate having M.Phil. degree is entitled to 5 marks and 5 marks for teaching experience (1 mark for each completed year of service in an affiliated Govt. Degree College) and the appellant being UGC qualified teacher from the year 2008, on obtaining M.Phil degree till the year of interview i.e. 2017, has completed 9 years of service, which entitles him maximum 5 marks on teaching experience. The Selection Committee of Amjonga and Tulungia awarded 5 marks to the appellant on M.Phil & teaching experience each, but the same subject teachers who awarded 5 marks for M.Phil and Teaching experience in Amjonga and Tulungia have awarded 0 marks on M.Phil and 2 marks on Teaching experience for Dalgaon.

5. Essentially, the contention of the appellant is that in terms of O.M. dated 25.06.2012, the appellant is entitled to 5 marks for M.Phil and maximum 5 marks under the head teaching experience i.e. one (1) mark for each completed year of service in an affiliated college i.e. active service will be counted after acquiring the UGC qualification as per the said Govt. O.M. The appellant being UGC qualified teacher from 2008 till the year of interview i.e. 2017, has completed 9 years of active service which entitles him maximum 5 marks for teaching experience.

6. Mr. S. Dutta, learned Senior counsel for the appellant, submits that the learned Single Judge did not deal with the vital aspect of the matter and landed in error in not considering the factual as well as legal issue. The learned Single Judge also did not consider the fact that the same subject experts had awarded 5 marks on M.Phil and 5 marks on teaching experience in Amjonga and Tulungia to the appellant, whereas they have awarded 0 marks on M.Phil and 2 marks on teaching experience to the appellant at Dalgaon.

7. Mr. S. Dutta, learned Senior counsel, submits that the learned Single Judge has decided the issue in terms of O.M dated 25.06.2021 clause (vii) thereto that "The period of time taken by candidates to acquire M.Phil and/or Ph.D degree shall not be considered as teaching/res