Essential qualifications are mandatory for public employment eligibility, while desirable qualifications do not determine eligibility. Procedural requirements like an NOC are directory and do not invalidate the selection process if the candidate is otherwise qualified and the recruitment remains transparent and merit-based.

ORDER :

KARDAK ETE, J.

Heard Mr. R. Phukan, learned counsel for the petitioner. Also heard Mr. P. J. Phukan, learned Standing Counsel, KKHSOU for the respondent Nos. 1 to 6; Mr. A. R. Tahbildar, learned Standing Counsel, Higher Education Department for the respondent Nos. 7 & 9 and Mr. S. N. Baruah, learned counsel for the respondent No. 8.

2. Challenge made in this writ petition is to the appointment of one Dr. Sanjib Borah, respondent No. 8 herein, as Assistant Professor in Assamese in Krishna Kanta Handiqui State Open University (hereinafter referred to as “KKHSOU”) vide order dated 20.10.2020, pursuant to the advertisement dated 14.08.2020 for filling up the posts of Professor, Associate Professor, Assistant Professor and Assistant Regional Director, including the post of Assistant Professor in Assamese.

3. The case in brief, is that KKHSOU published an advertisement dated 14.08.2020 inviting applications for the posts of Professor, Associate Professor, Assistant Professor and Assistant Regional Director, including the post of Assistant Professor in Assamese in the said University. Pursuant thereto, the petitioner applied for the post of Assistant Professor in Assamese on 30.09.2020. The petitioner was directed to appear before the Selection Committee for interview on 09.10.2020. Accordingly, the petitioner appeared in the interview along with 8 (eight) shortlisted candidates.

4. The Selection Committee, vide its meeting dated 09.10.2020, after taking into consideration the academic credentials, experience in Open and Distance Learning (ODL), knowledge of computers and performance in the interview, recommended 3 (three) candidates, namely, Dr. Sanjib Borah, respondent No. 8 herein, Dr. Runmoni Borah Phukan, the petitioner herein and one Dr. Pallabika Sarmah. Consequently, respondent No. 8 was appointed as Assistant Professor in Assamese vide order dated 20.10.2020 issued by the Registrar, KKHSOU.

5. It is the contention of the petitioner that respondent No. 8 did not submit the required No Objection Certificate (NOC) from the concerned authority, although respondent No. 8 was working as an Assistant Professor in Assamese at Pragjyotish College and submission of such NOC was one of the requirements in terms of the advertisement. It is contended that respondent No. 8 has no working experience in ODL, which is one of the prescribed qualifications in the advertisement; however, marks were awarded to respondent No. 8 for ODL experience. It is the further contention of the petitioner that respondent No. 8 was selected and appointed by way of favouritism, as the Vice-Chancellor of KKHSOU allegedly intervened in the selection process to award marks for ODL experience despite the fact that respondent No. 8 had no such experience.

6. Mr. R. Phukan, learned counsel for the petitioner, submits that the advertisement clearly stipulated that candidates who were already employed were required to produce an NOC from their respective employers in original at the time of the interview. It is undisputed that respondent No. 8 did not produce any such NOC either at the time of submission of the application or during the interview. He submits that as per the advertisement, one of the desirable qualifications was work experience in ODL; however, respondent No. 8 has no such experience, as is evident from his a