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2025 Supreme(Gau) 392
THE GAUHATI HIGH COURT (HIGH COURT OF
KARDAK ETE, J.
Dr. Dimple Doley Wife Of Sri Malin Pegu - Appellant
VERSUS
The
WP(C)/7030/2022
Decided On :
Important Points
Subject
Education Law - Employment
Headnote
(A) UGC Regulation, 2018 - Requirement of Ph.D degree for appointment as Assistant Professor - The petitioner challenged the appointment of the respondent No.6 on grounds of lack of requisite qualifications as per UGC Regulation, 2018 and the advertisement dated 05.01.2022. (Paras 2, 16, 20)
(B) Eligibility criteria - The court emphasized that the UGC amended the requirement of Ph.D degree due to the Covid-19 pandemic, allowing candidates without a Ph.D to apply until 01.07.2023. (Paras 12, 20)
(C) Merit-based selection - The Selection Committee found the respondent No.6 more meritorious than the petitioner, justifying her appointment. (Paras 15, 19)
Facts of the case:
The petitioner, qualified with a B.Sc. and M.Sc. in Geology and having completed her Ph.D coursework, contested the appointment of respondent No.6, who was appointed despite not having a Ph.D at the time of application. (Paras 3, 8)
Findings of Court:
The court found no merit in the petitioner's claims, affirming the appointment of respondent No.6 based on merit and qualifications as per the amended UGC regulations. (Paras 25, 26)
Issues: The main issues were the qualifications of the respondent No.6 in relation to UGC regulations and the merit of the selection process. (Paras 16, 20)
Ratio Decidendi: The court ruled that the amendment to UGC regulations exempting the Ph.D requirement was valid, and the Selection Committee's decision based on merit was upheld. (Paras 20, 24)
Result: Writ petition dismissed.
Advocate Appeared:
For the Appellant : MR K BHUYAN, MR N ISLAM,MS. A KALITA
For the Respondent: MR. R MAZUMDAR, P BORA (R-6),MR. U SARMA (R-6),K. KALITA (R-6),MR H BEZBARUA
JUDGMENT :
KARDAK ETE, J.
Heard Mr. K. Bhuyan, learned counsel for the petitioner. Also heard Mr. R. Mazumdar, learned Standing Counsel, Dibrugarh University for the respondents No. 1 to 5 and Mr. U. Sarma, learned counsel for the respondent No.6.
2. Challenge made in this writ petition is to the order No. DU/Estt- A/Aptt./2017/1328/6153 dated 27.10.2022 issued by the Registrar, Dibrugarh University, whereby, the respondent No.6, namely Ms. Tina Saikia, has been appointed as Assistant Professor in the Department of Applied Geology, Dibrugarh University, on the ground that the respondent No.6, does not have the requisite qualification of Ph.D and Specialization for appointment as Assistant Professor in Applied Geology as required under the UGC Regulation, 2018 and the Advertisement dated 05.01.2022.
3. The case of the petitioner, in brief, is that she is B.Sc. and M.Sc. in Geology st with 1 Class distinction from Gauhati University. The petitioner has also qualified in National Eligibility Test for Assistant Professor in the year 2019 in the subject Earth Science which covers the subject Geology for which, an electronic certificate dated 19.11.2019 with UGC Reference No.2629 (CSIR-UGC NET JUNE 2019) has been issued.
4. Pursuant to the Advertisement No.A-1/2022 dated 05.01.2022 issued by the Registrar, Dibrugarh University inviting applications from the eligible candidates as per the UGC regulations on minimum qualifications for appointment of teachers and other academic staff in universities and colleges and a measures for the maintenance of standard in higher education 2018 (hereinafter referred to as UGC Regulation, 2018 in short) for filling up of various posts including the Assistant Professor for Applied Geology, the petitioner having eligible and requisite qualification has applied for the said post of Assistant Professor in Applied Geology.
5. The petitioner had participated in the interview held on 15.10.2022. There were only two candidates i.e. the petitioner and the respondent No.6, who have appeared in the interview for the post of Assistant Professor in Applied Geology.
6. It is the contention of the petitioner that she has successfully completed her Ph.D course work in 2015 and on partial fulfillment of Ph.D under Gauhati University, the Academic Registrar, Gauhati University has issued a certificate dated 26.04.2016, which indicates that the petitioner was doing Geochemistry and Metamorphic Petrology for Ph.D Course Work. The petitioner has also published a number of publications/Articles on Isotope Geochemistry & Geochronology as a part of her research work through reputed Geological Journal in 2021. Finally, she has obtained her Ph.D for which, the provisional certificate was issued in the year 2022, which clearly shows that the petitioner is eligible and qualified to be appointed as Assistant Professor in Applied Geology. She has her topic of research work/thesis as Petrology and Geochemistry of Grantitoids of the Mayong Area in Morigaon, Assam.
7. It is contended that The respondent authorities vide resolution dated 21.10.2022 has adopted in the Emergent Meeting of the Executive Council, Dibrugarh University and pursuant to the said resolution, the Registrar of the University issued the impugned appointment order dated 27.10.2022, whereby, the respondent No.6 has been appointed as Assistant Professor in the Department of Applied Geology in Dibrugarh University without considering that the respondent No.6 is not qualified to be appointed as Assistant Professor as she does not have the requisite qualification of Ph.D and Specialization as required under the UGC Regulation, 2018 and the Specialization provided in the Advertisement dated 05.01.2022.
8. Mr. K. Bhuyan, learned counsel for the petitioner submits that the petitioner having been obtained his Ph.D degree on 31.01.2022 before the interview for the post of Assistant Professor in Applied Geology, having specialization in Geochemistry and Metamorphic Petrology ough
