The court affirmed that provincialisation of services must respect prior qualifications and seniority, ruling the petitioner's exclusion arbitrary and ordering her provincialisation under applicable statutes.

JUDGMENT :

ROBIN PHUKAN, J.

Heard Ms. A. Talukdar, learned counsel for the petitioner and also heard Mr. S. Das, learned standing counsel for the respondents in Higher Education Department.

2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Smti. Maitrayee Chakravarty, has prayed for issuing direction to the respondent authorities to provincialise the services of the petitioner as Asstt. Professor in the department of Zoology of Bilasipara College, either in the third post or in the fourth post, in the UGC scaled pay.

Background Facts:-

3. The background facts, leading to the filing of the present petition is briefly stated as under:-

“The petitioners has completed her M.Sc. (Zoology) from the Cotton College under Gauhati University in the year 1995, and pursuant to an advertisement, published by the Principal of Bilasipara College, for filling up of a post of Lecturer in Zoology department, she had applied for the same and appeared before the Selection Committee for an interview held on 7.04.1999, at 10:00 A.M., and she fared well in the interview and as such the Principal of the College appointed her as Lecturer in Zoology Department of the Bilasipara College vide letter under Ref. No. BC/APTT./99/261, dated 9.04.1999, in a non- sanctioned post with a condition that she had to render 2 years honorary services from the date of her joining. Accordingly, the petitioner joined on 9.04.1999, and resumed her duties as Lecturer in Zoology.

The Director of Higher Education, Assam also vide his letter issued under Memo No. B(2)H.56./2000/112, dated 06.03.2000, was pleased to convey permission/affiliation for starting subject against the Science stream of the college including the subject of Zoology. During continuation of her services, she obtained her M. Phil Degree in Zoology from Vinayak Mission University in December, 2009. While she has been working as such, the Govt. of Assam, Higher Education Department, vide letter no. AHE.186/2013/8, dated 6.04.2013, was pleased to accord concurrence for TDC- Pt. II Major Course in the Chemistry and Zoology Department. After the appointment of the petitioner to the post of Lecturer in Zoology another candidate, namely, Abdul Goffor Ahmed has been appointed as Lecturer in the subject Zoology at the Bilasipara College who joined in 21.09.2004. As such, there were 4 teachers in Zoology Department of Bilasipara College appointed by the Governing Body (G.B.) of the College prior to provincialisation and one Sri Anil Bhuyan and Ms. Anita Koery has joined in the college in Zoology Department on 11.07.1991 and 1.03.1997 respectively and they were admitted senior than the petitioner. However, Abdul Goffor Ahmed who joined in the Zoology Department of the college on 21.09.2004 was junior than the petitioner.

The science stream of the Bilasipara College was provincialised by the Govt. of Assam, including the services of the teaching and non-teaching staff of science stream, by an order issued under Memo No. PC/HE/VEN.EDNL.(77)/1/2014/18, dated 20.01.2014, under the provisions of Sec. 4 (1) of Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 as amended 2012. The services of the said staff of the college were provincialised w.e.f. 1.01.2013.

But, unfortunately, the name of the petitioner was dropped from the said order, instead, the name of Abdul Goffor Ahmed has been included in the said order and his service has been provincialised as Assistant Professor (Zoology) in third post, in place of the petitioner. It is pertinent to mention herein that the position of the petitioner was 3^rd, on the basis of