Eligibility criteria must be strictly adhered to in public appointments to uphold legality and proper governance in educational institutions.

JUDGMENT :

M. Choudhury, J.

Heard Mr. K.M. Haloi, learned counsel for the appellant; Mr. B. Gogoi, learned Additional Advocate General, Assam for the respondent nos. 1, 2 & 3; and Mr. M. Nath, learned Senior Counsel assisted by Mr. A. Bhattacharjee, learned counsel for the respondent no. 4.

2. This intra-Court appeal is preferred against a Judgment dated 08.05.2025 passed by the learned Single Judge in a writ petition, W.P.[C.] no. 6110/2024.

3. In the writ petition, W.P.[C.] no. 6110/2024, the appellant therein as the writ petitioner had assailed a Notification dated 11.11.2024 issued by the Commissioner and Secretary to the Government of Assam, Medical Education and Research Department, whereby the respondent no. 4, a faculty in the rank of Reader in the Swahid Jadav Nath [SJN] Homeopathic Medical College and Hospital at Guwahati [‘the Homeopathic College’, for short], had been allowed to work as Vice-Principal of the Homeopathic College, in addition to works already assigned to him, until further order. The appellant-petitioner had also sought for a direction to the respondent authorities to promote him as Vice-Principal of the Homeopathic College after setting aside of the Notification dated 11.11.2024.

4. The appellant-petitioner had stated that he has been serving as a Professor in the Homeopathic College since 25.01.2023. The main ground of challenge in the writ petition was that the respondent no. 4 did not have the eligibility to be appointed/promoted to the post of Vice-Principal of the Homeopathic College and as such, he was not eligible to hold the post of Vice-Principal even on In-Charge basis.

5. While adjudicating the writ petition, the learned Single Judge has come to a finding after considering the various rules, regulations, etc. placed before the Court that there is no recruitment rule which regulates the appointment/promotion to the post of Vice-Principal of the Homeopathic College. The learned Single Judge had also come to a finding that the appointment of the respondent no. 4 as Vice-Principal, even on In-Charge basis for a temporary period, would not be sustainable, in view of the settled proposition that even for temporary appointment, one must be eligible to be appointed to the said post. The learned Single Judge holding that the appointment of the respondent no. 4 to the post of In-Charge Vice-Principal is not sustainable, has set aside the impugned Notification dated 11.11.2024.

6. In the writ petition, a stand has been taken by the State respondents inter-alia to the effect that the National Commission for Homeopathy [Minimum Essential Standards for Homeopathic Colleges and Attached Hospitals] Regulations, 2024 [‘the Regulations, 2024’, for short] is silent on the matter of qualification or eligibility criteria for the post of Vice-Principal of homeopathic medical colleges and in the absence of clear cut guidelines for appointment to the post of Vice-Principal of homeopathic medical colleges, the basis of eligibility criteria laid down for the post of Principal in the Regulation would be followed.

7. In reaching the above finding, the learned Single Judge has found that the relevant provisions for regulating the various post of faculties in the Homeopathic Colleges would be the Regulations, 2024, wherein the essential qualification for appointment/promotion to different posts including the post of Principal, are laid down and as the Regulations, 2024, Principal should be a person holding a post of not less