IMPORTANT POINT
Promotion eligibility must adhere to prescribed qualifications as per established guidelines, including seniority considerations.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. K. Mir, learned counsel appearing on behalf of the appellant. Also heard Mr. D. Upamanyu, learned standing counsel, Higher Education Department, appearing on behalf of all the respondents.

2. The appellant, herein, by way of instituting the intra-Court appeal, has presented a challenge to an order, dated 25.01.2023, passed by the learned Single Judge in WP(c)311/2023.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

The appellant, herein, who was working a Laboratory Bearer in Srikishan Sarda College, Hailakandi, had initially approached the writ Court by way of instituting a writ petition being WP(c)2621/2017, praying for a direction upon the respondent authorities for consideration of his case for promotion to the cadre of Junior Assistant. The writ Court vide order, dated 24.01.2020, was pleased to dispose of the said writ petition, directing the authorities of Srikishan Sarda College, Hailakandi, to consider the case of the appellant, herein, along with other eligible candidates, for promotion against the vacant post of Junior Assistant if the aforesaid post falls under promotional quota as per Rule. Thereafter, it is seen that the authorities of Srikishan Sarda College, Hailakandi, had conducted a selection in the matter and the Departmental Promotion Committee(DPC) so constituted, had, in its meeting held on 20.02.2021, proceeded to recommend the case of the appellant, herein, for promotion against a post of Junior Assistant lying vacant in the said College.

The said recommendation of the Departmental Promotion Committee(DPC) of the Srikishan Sarda College, Hailakandi, was approved by the Governing Body of the said College, in its meeting held on 18.03.2021, and accordingly, the matter was forwarded to the Director, Higher Education Department, Assam, for approval. The Director, Higher Education Department, Assam, upon consideration of the matter, vide communication, dated 15.12.2022, proceeded to reject the proposal so submitted by the College authorities for promotion of the appellant to the post of Junior Assistant on the ground that he did not possess the prescribed qualification for being considered for such promotion.

Being aggrieved, the appellant, herein, had approached the writ Court by way of instituting a writ petition being WP(c)311/2023. The learned Single Judge after considering the issue arising in the proceeding, was pleased vide order, dated 25.01.2023, to dismiss the said writ petition holding that the appellant not possessing the educational qualification as prescribed for being considered for promotion to the post of Group C in terms of the Guidelines as notified vide the Notification, dated 09.02.2017; the order, dated 15.12.2022, passed by the Director, Higher Education Department, Assam, would not call for any interference.

4. Mr. Mir, learned counsel for the petitioner, has submitted that the prescription of eligibility criteria in the Guidelines as notified vide the Notification, dated 09.02.2017, for the post of Junior Assistant in a provincialized College of the State, would not be mandated to be so applied in case of promotion to the post of Junior Assistant, in-as-much as, the said Guidelines as notified vide the Notification, dated 09.02.2017, would only be applicable in respect of direct recruitment to the post, in question.

5. Mr. Mir, learned counsel, has further submitted that the Assam College Employees(Provincialization) Rules, 2010, does not mandate any eligibility criteria requisite to be possessed for being considered for promotion to the post of Junior Assistant from the cadre of Laboratory Bearer/Library Bearer/ Grade-IV.

6. Mr. Mir, learned counsel for the appellant, has, however, not been able to highlight as to the eligibility criteria requisite to be mandated, to be poss