Gauhati High Court
Dr. Pallabi Saikia vs The State Of Assam And 4 Ors on 5 January, 2024
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GAHC010265972023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6887/2023
DR. PALLABI SAIKIA
WIFE OF ABHIJIT KAKOTY, RESIDENT OF FLAT NO. 4C, BLOCK-B, HARA-
GAURI APARTMENT, OPPOSITE ELITE GAS AGENCY, TARAZAN, A.T.ROAD,
DISTRICT- JORHAT, ASSAM, PIN- 785001
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, DEPARTMENT OF HIGHER EDUCATION,
DISPUR, GUWAHATI- 781006, ASSAM
2:THE DIRECTOR OF HIGHER EDUCATION
KAHILIPARA
GUWAHATI- 781019
ASSAM
3:THE DEPARTMENTAL PROMOTION COMMITTEE
JHANJI HEMNATH SARMA COLLEGE P.O. JHANJI
DISTRICT- SIVASAGAR
PIN- 785683
ASSAM
REPRESENTED BY ITS CHAIRMAN
4:THE GOVERNING BODY OF JHANJI HEMNATH SARMA COLLEGE
P.O. JHANJI
DISTRICT- SIVASAGAR
PIN- 785683
ASSAM
REPRESENTED BY ITS PRESIDENT
5:THE PRINCIPAL
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JHANJI HEMNATH SARMA COLLEGE
P.O. JHANJI
DISTRCT- SIVASAGAR
PIN- 785683
ASSA
Advocate for the Petitioner : MR. M K CHOUDHURY
Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 05.01.2024 In view of the earlier order passed by this Court, Mr. S. Das, learned standing counsel, Higher Education Department, has produced the relevant records wherein consideration of the case of the petitioner for promotion to the post of Assistant Professor(Stage-II) in JHNS College, Jhanji, was considered.
We have perused the records. However, it is to be noted that the case of the petitioner for the said promotion was not considered favourably in view of the fact that she did not meet the API Score. The reason for not meeting the API Score by the petitioner is that she was on leave for a long period w.e.f. 17.01.2020 to 02.04.2021 on account of maternity leave as well as child care leave and this period was not reckoned for calculation of her API Score.
In view of the above, Mr. P. Bhardwaj, learned counsel for the petitioner, has referred to the communication of the University Grants Commission, dated 05.09.2018(Annexure- 23 to the petition) wherein, the manner and method, the API Score is to be reckoned in case of a person proceeding on a maternity leave or child care leave, is provided.
Page No.# 3/3 Mr. K. Gogoi, learned standing counsel, Higher Education Department, on the next date fixed, shall apprise this Court as to the manner and method in which the leave period more specifically the maternity leave and child care leave is to be reckoned for calculation of the API Score of a person proceeding on such leave.
As prayed for, list it again on 11th of January, 2024.
The records as produced by Mr. S. Das, learned standing counsel, Higher Education Department, is returned herewith.
JUDGE Comparing Assistant