Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Baikuntha Barman S/O Late Dharani Barman – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. eligibility based on gradation list (Para 2 , 3 , 4 , 5 , 6) |
| 2. promotional post and eligibility criteria (Para 7 , 8 , 9 , 10) |
| 3. regulatory framework for appointments (Para 11 , 12 , 13 , 14) |
| 4. qualification requirements and legal provisions (Para 15 , 16 , 17 , 18 , 19) |
| 5. validity of draft rules for appointments (Para 20 , 21) |
| 6. quashing of the impugned notification (Para 22) |
| 7. directions for filling the post of vice-principal (Para 23) |
JUDGMENT :
KARDAK ETE, J.
Heard Mr. K. M. Haloi, learned counsel for the petitioner. And also heard Mr. D. Upamanyu, learned Standing Counsel, Health Department, for respondent Nos. 1, 2 & 3, and Mr. K. N. Choudhury, learned Senior Counsel assisted by Ms. R. Kakati, learned counsel, for respondent No. 4.
2. Challenge made in this writ petition is to the notification dated 11.11.2024 issued by the Commissioner and Secretary to the Government of Assam, Medical Education and Research Department, by which, Dr. Manoj Kumar Deka, Reader and HOD, S.J.N Homoeopathic Medical College & Hospital, Guwahati (respondent No.4 herein) has been allowed to work as Vice-Principal of the said College in addition to the works already assigned to him.
3. B
Appointment to academic administrative positions must comply with established eligibility criteria, ensuring the senior-most qualified individual is considered for promotion.
Eligibility criteria must be strictly adhered to in public appointments to uphold legality and proper governance in educational institutions.
while two posts are to be equated, the equivalence of salary of the two posts is one of the factors to be considered while equivalence has to be granted.
The omission of B.Ed. qualification for Vice-Principal recruitment violates NCTE guidelines, necessitating its inclusion as a mandatory requirement.
Temporary appointments in autonomous institutions do not confer permanent status or lien, maintaining the original cadre's substantive post as the employee's right.
Eligibility for appointment to academic positions requires adherence to prescribed qualifications, including Ph.D. where applicable.
financial Liability to the State is not a reigning consideration while interpreting statutory rules and notifications.
Rules and Regulations framed under the repealing Act shall prevail as per Section 61(2).
Eligibility for medical faculty appointments must strictly adhere to established qualifications to ensure integrity in recruitment processes.
The court emphasized that the experience obtained before the post graduation qualification and the one obtained after the post graduation qualification could not be equated, and thus, could not be co....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
