Gauhati High Court
Mrs. Malaya Bhattacharyya And 7 Ors vs The State Of Assam And Ors on 4 December, 2018
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GAHC010111102012
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3775/2012
1:MRS. MALAYA BHATTACHARYYA and 7 ORS
W/O LATE KRISHNA KANTA BHATTACHARYA, R/O LCB COLLEGE GIRLS
HOSTEL CAMPUS, MALIGAON GATE NO.3, GHY-11
2: INUMONI GOGOI
D/O LATE MANIK CHANDRA GOGOI
R/O GAURISAGAR
BEZGAON
DIST- SIVASAGAR
ASSAM
PIN-785664
3: JYOTISMITA GOSWAMI
D/O SRI DUGDHA NATH GOSWAMI
R/O NEPALI SATRA
P.O. TEOK
DIST- JORHAT
ASSAM
PIN-785101
4: GEETANJALI BORA BARUAH
W/O SRI RANJAN BARUAH
R/O CHARIGAON
P.O. BOHANA
DIST- JORHAT
ASSAM
PIN-785101
5: MONIKA GOGOI
W/O MR. MADHURJYA GOGOI
R/O HEMLAI
P.O. HEMLAI
DIST- JORHAT
ASSAM
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PIN-785636
6: ARBIN HAQUE
W/O MD. FAIZUL HAQUE
R/O VILL and P.O. LAHDOIGARH
DIST- JORHAT
ASSAM
PIN-785112
7: RUPALEEM GOSWAMI
D/O BIPIN CHANDRA GOSWAMI
R/O CHANDRAKUCH-38
NUMALIGARH REFINERY TOWNSHIP
DIST- GOLAGHAT
PIN-785699
8: BIJOO PEGU
S/O SRI NANDESWAR PEGU
R/O BELOGURIGAON
P.O. BOKAKHAT
DIST- GOLAGHAT
ASSAM
PIN-78561
VERSUS
1:THE STATE OF ASSAM AND ORS
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT.
OF ASSAM, DEPARTMENT OF EDUCATION HIGHER, DISPUR, GHY-6
2:THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENTOF EDUCATION HIGHER
DISPUR
GHY-6
3:THE DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GHY-1
Advocate for the Petitioner : MR.S K TALUKDAR
Advocate for the Respondent : SC, U G C
BEFORE
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BEFORE
HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 04-12-2018 Heard Mr. SK Talukdar, learned counsel for the petitioners. Also heard Mr. K Gogoi, learned standing counsel for the Higher Education Department, Assam.
The petitioners, who had the M.Phil degree but did not have the NET/SLET qualification, assail the Office Memorandum dated 01.02.2012 by which the M.Phil degree obtained through the Off Campus Distant Mode was excluded from being considered as the required qualification. It is stated that in the meantime, the UGC by the communication dated 03.11.2010 had otherwise clarified by issuing a directive under Section 20(1) of the UGC Act of 1956 to the extent that NET/SLET is compulsory for teaching positions as a policy related to national purpose of maintaining standard of higher education.
It is also stated that the Supreme Court in its Judgment and Order rendered in P.Suseela & Ors. Vs. University Grants Commission & Ors., reported in (2015) 8 SCC 129 had accepted the aforesaid stand of the UGC in order to be eligible for teaching in higher educational institutions. As NET/SLET is made compulsory and accepted by the Supreme Court, the issue raised in this writ petition that the Off Campus Distant Mode M.Phil degree of the petitioners is an alternative qualification in lieu of NET/SLET does not need any further adjudication.
Accordingly, this writ petition stands closed.
However, as prayed for liberty is granted to the petitioners to approach the Court again if they are aggrieved by any such communication of the UGC making NET/SLET mandatory for all purposes for teaching positions in a higher educational institution.
In view of the above, this writ petition stands disposed of.
JUDGE Page No.# 4/4 Comparing Assistant