IMPORTANT POINT
UGC regulations are mandatory for UGC-funded institutions but directory for State-run institutions unless formally adopted.

JUDGMENT :

Suman Shyam, J.

Heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. M. Dutta, learned counsel appearing for the writ appellants. We have also heard Mr. K. Gogoi and Mr. S. Das, learned Standing Counsel, Higher Education Department, Government of Assam. Mr. Ritwick Bhuyan, learned counsel has appeared on behalf of Mr. A. Chamuah, learned Standing Counsel for the UGC.

2. This intra court appeal is directed against the judgment and order dated 21.06.2022 passed by the learned Single Judge disposing of three writ petitions viz., WP(C) No.1040/2022, WP(C) No.2100/2022 and WP(C) No.2515/2022 raising a common grievance before the court. The three appellants in the instant Writ Appeal were amongst the 7 writ petitioners in WP(C) No.2100/2022 and have approached this Court by filing the present Writ Appeal assailing the judgment and order dated 21.06.2022 arising out of WP(C) No.2100/2022 on several grounds, as enumerated in the memorandum of appeal.

3. The facts of the case lie in a narrow compass. The present appellants and the writ petitioners in WP(C) No.1040/2022 as well as WP(C) No.2515/2022 all claim to be Masters degree holders in various subjects and they also fulfill the UGC norms by clearing the exams such as NET, SLET besides holding Ph.D. degree which are the qualifications necessary for participating in the selection process for the post of Assistant Professors in various Colleges in Assam. The case of the petitioners, in a nutshell, is that having acquired their respective qualifications more than 10/15 years back and during a time when a more conservative marking system was prevalent, the petitioners are at a clear disadvantage as compared to the similarly situated candidates who have recently acquired such qualifications since they are the beneficiaries of a more liberal system of awarding of marks. According to the writ petitioners, Appendix-III, Table-II(c) of the Notification dated 30.06.2010 issued by the University Grants Commission (UGC), which lays down the qualification and selection criteria for appointment of teachers and other academic staff in the Universities and Colleges, provides that only 50% weightage is to be given to the academic qualifications. However, as per the guidelines issued by the Director of Higher Education, Assam on 13.12.2011, as modified by the subsequent guidelines dated 24.01.2022, 72% weightage has been prescribed for the academic qualifications of such candidates for the purpose of selection and appointment in the post of Assistant Professor in the Colleges in Assam. The writ appellants and the other writ petitioners had therefore, contended before the learned Single Judge that the criteria laid down by the UGC Notification dated 30.06.2010 would be mandatory and to that extent, the Government of Assam would be bound to follow such criteria of 50% weightage to academic qualification, as laid down by the UGC, while making selection and appointment in the post of Assistant Professors in the Colleges in Assam. 4. Before the learned Single Judge, the writ appellants had, inter-alia, assailed the Notification dated 24.01.2022 issued by the Secretary to the Government of Assam, Higher Education Department for not being in conformity with UGC Regulations, 2010 with a further prayer to issue a writ of mandamus directing the authorities not to issue fresh advertisement or complete the selection process without properly following the UGC regulations.

5. According to the writ appellants, the criteria laid down in the Notification dated 30.06.2010 is not only mandatory but the Government of Assam, in the Higher Education Department, has also adopted the same vide Notification dated 13.12.2011 as well as by the subsequent Notification dated 24.01.2022 and to that extent, any departure therefrom while conducting the selection process for filing up the posts of Assistant Professors would be wholly arbitrary, illegal and hence, liable