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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Anamya Roy D/O Abhijit Roy – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Govt. Of Assam, Higher Education Department – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
1.Heard Mr. N. Dhar and Mr. B. K. Sen, learned counsel for the petitioner and Mr. S. Das, learned Standing Counsel for the respondent Nos. 1 & 2. Also heard Mr. K. Phukan, learned Government Advocate, Assam, for the respondent Nos. 3, 4 & 5. None appeared for the respondent Nos. 6, 7 & 8.
2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the proceeding/report, dated 29.08.2023 (Annexure-22), of Pandit Deen Dayal Upadhaya Adarsha Mahavidyalaya, at Eraligool, Sribhumi, erstwhile Karimganj district; regarding selection of respondent No. 8, for appointment to the post of Assistant Professor of Bengali in the said college and also the Governing Body Resolution No. 13, dated 30.08.2023 (Annexure-23), in approving the selection of the respondent No. 8, for appointment to the post of Assistant Professor of Bengali in the said college; and also the impugned order, dated 02.11.2024 (Annexure-27), passed by the Director of Higher Education, Assam; and further, prayed for issuing direction to the respondent authorities, more particularly, to the Director of Higher Education, Assam, respondent No. 2, to confer appointment
Candidate eligibility must be satisfied by the application cutoff date; subsequent qualifications cannot be considered in selection processes.
The main legal point established is the requirement for a fair and consistent selection process in accordance with prescribed procedures and norms, and the right of the petitioner to address alleged ....
Eligibility for appointment must be assessed based on qualifications held by the application deadline, and misrepresentation disqualifies candidates from consideration.
The court established that a Ph.D. is not a mandatory qualification for the Assistant Professor position, affirming that candidates with a Master's degree and NET qualification are equally eligible.
Service Matter - The concerned decision taking Authority has power to appoint the candidate for the post of Adhyapak Sahayak by relaxing the condition of NET/SLAT or Ph.D. It also appears that the pr....
The Selection Committee cannot alter the essential qualifications for a position once the selection process has commenced, and the Chancellor has the authority to terminate appointments that do not c....
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
Employment and Service matter - Appointment as an Associate Professor in the School of Social Sciences of the Mahatma Gandhi University - Selection committee – Qualiification - Absence of post doctor....
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