Gauhati High Court
Samir Sarkar vs The Gauhati University And 3 Ors on 12 May, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/13
GAHC010149862022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4907/2022
SAMIR SARKAR
S/O- SRI SUNIL SARKAR, R/O- SONAPUR, BARUABARI, P.O. SONAPUR,
DIST. KAMRUP(M), ASSAM-781402.
VERSUS
THE GAUHATI UNIVERSITY AND 3 ORS.
REPRESENTED BY THE REGISTRAR, GAUHATI UNIVERSITY, GOPINATH
BORDOLOI NAGAR, GUWAHATI-781014.
2:THE VICE CHANCELLOR
GAUHATI UNIVERSITY
GOPINATH BORDOLOI NAGAR
GUWAHATI-781014.
3:THE REGISTRAR
GAUHATI UNIVERSITY
GOPINATH BORDOLOI NAGAR
GUWAHATI-781014.
4:BANAJIT CHANGKAKATI
S/O LT. HEMENDRA CH. CHANGKAKATI
R/O ARANYAK
HOUSE NO-5
4TH LANE (RIGHT)
TILA PATH
AMBIKAGIRI NAGAR
R. G BARUAH ROAD
GHY-781402
Advocate for the Petitioner : MR. K SINGHA
Advocate for the Respondent : SC, G U
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BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
Date of Hearing : 10.11.2022, 29-11-2022
Date of Judgment & Order : 12-05-2023
JUDGMENT AND ORDER (CAV)
Heard Mr. K Singha, learned counsel for the petitioner and Mr. P J Phukan, learned
Standing counsel, Gauhati University for the respondent Nos. 1, 2 & 3. Also heard Mr. H K Das,
learned counsel appearing for the respondent No. 4.
2. By Advertisement T/2020/3 dated 02.06.2020 the Registrar of Gauhati University invited
application from Indian Citizens for various teaching posts of Professor, Associate Professors and
Assistant Professor (permanent) including an Open post of Associate Professor of Business
Administration, under Unreserved Category, in the UGC revised pay scale of Rs. 1,31,400/- to Rs.
2,17,100/- specifying that the minimum essential qualification shall be as per the existing UGC
norms and that the last date of receipt of filled-in application as 27.06.2020.
3. The petitioner, an Assistant Professor in the Department of Business Administration,
Gauhati University, being eligible, filed his application for the post of Associate Professor of
Business Administration in Gauhati University, as advertised on 02.06.2020 within the last date of
filled-in application, i.e., 27.06.2020, but with six of his published research papers, though the
relevant UGC Regulations, "University Grants Commission (Minimum Qualifications for
Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for
the Maintenance of Standards in Higher Education) Regulations, 2018" as applicable in the case,
requires a minimum of seven such research publications in the peer-reviewed or UGC-listed
journals and a total research score of Seventy Five (75) as per the criteria given in Appendix-II,
Table-2 of the said 2018 UGC Regulations.
4. The respondent Gauhati University fixed 29.07.2022 for interview to the post of
Associate Professor of Business Administration that was advertised on 02.06.2020.
5. The petitioner on 20.07.2022 physically and through e-mail submitted an application
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before the Registrar of Gauhati University stating that he inadvertently could not enclose all the
publications along with his application form for the post of Associate Professor of Business
Administration that were published before the advertisement and the date of application and
prayed to allow him to add all those publications with his application that he submitted for the
post of Associate Professor of Business Administration and also to allow him to sit in the
interview.
6. The petitioner on 29.07.2020 filed the present writ petition, informing the Court that the
respondent Gauhati University did not allow him to participate in the viva voce/interview for the
said post of Associate Professor of Business Administration advertised on 02.06.2020, stating that
his said application dated 20.07.2022 has not yet been considered by the said University. As
such the petitioner, amongst others, prayed for a direction to the respondent Gauhati University
to allow him to participate in the selection for the post of Associate Professor in the Department
of Business Administration in pursuance to the Advertisement T/2020/3 dated 02.06.2020 issued
by the respondent No. 3, Registrar of Gauhati University and to quash the impugned selection for
the said post of Associate Professor in the Department of Business Administration as advertised
on 02.06.2020, with an interim prayer that the selection for the post of Associate Professor in the
Department of Business Administration, Gauhati University as advertised on 02.06.2020 should be
stayed.
7. By order dated 29.07.2022, the Court directed the respondent Gauhati University to
allow the petitioner to appear in the interview for the said post of Associate Professor of Business
Administration that was scheduled on 29.07.2022 with the observation that if the interview is over
by the time the concerned authorities of the respondent University receives the order, then the
said University shall make necessary arrangement for interview of the petitioner on a later date.
8. The Court by the said order dated 29.07.2022 also directed the respondent Gauhati
University not to declare the result of the interview for the post of Associate Professor of Business
Administration in terms of the said advertisement dated 02.06.2020. The said interim order dated
29.07.2022 is still in force.
9. By order dated 04.08.2022, the Court permitted the respondent Gauhati University
authority to evaluate the Research Score of 75 as per the criteria given in Appendix-II, Table-2 of
said 2018 UGC Regulations and to file a report before the Court. Further by the said order dated
04.08.2022 the Court permitted the petitioner to submit the remaining journals, which he could
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not while making his application against the advertisement dated 02.06.2020.
10. Pursuant to the said order dated 04.08.2022, the petitioner submitted another nine (9)
publications and all those fifteen (15) numbers of publications, including six publications that the
petitioner submitted along with his application pursuant to the advertisement dated 02.06.2020
have been evaluated by the respondent Gauhati University as per Appendix-II, Table-2 of said
2018 UGC Regulations.
11. The respondent Gauhati University filed its affidavit in the matter on 29.10.2022,
wherein it stated that as per the report received from its IQAC (Internal Quality Assurance Cell),
after considering all fifteen publications submitted by the petitioner, including those nine
publications submitted belatedly, i.e. after 27.06.2020, the last date of submission of filled-up
application in terms of the Advertisement T/2020/3 dated 02.06.2020, it was found that the
petitioner failed to satisfy one of the basic conditions to be eligible to be an Associate Professor as
his papers are not peer-reviewed and non-existent and therefore, he cannot be called for the
interview.
12. The respondent University in its affidavit also clarified that the petitioner in terms of the
advertisement dated 02.06.2020 submitted only six Research Papers, though as per 2018 UGC
Regulations, relevant at the time, a candidate for Associate Professor was required to submit
minimum of seven such Research Papers with the application. It is stated that after the order of
the Court dated 04.08.2022 the petitioner submitted another nine Research Papers. The
respondent university through its IQAC evaluated all those fifteen Research Papers that the
petitioner submitted, as noted above, in pursuance of the order of the Court dated 04.08.2022 to
find out his Research Score of 75 as per the criteria given in Appendix-II, Table-2 of said 2018
UGC Regulations and on evaluation of those fifteen Research Papers of the petitioners, the IQAC
of the Gauhati University found that - nine of his such Research Papers are not peer-reviewed,
one Research Paper is non-existent and the other five Research Paper have earned the API
scores.
13. In terms of earlier order dated 04.08.2022, the Court by order dated 07.11.2022
directed the respondent Gauhati University to place the marks obtained by the petitioner with
regard to his publications submitted by him in terms of the said advertisement dated 02.06.2020
for the post of Associate Professor in the Department of Business Administration, in a sealed
cover and also to state the eligibility criteria for direct recruitment to the post of Associate
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Professor as prescribed in the said 2018 UGC Regulations, fixing the matter on 10.11.2022.
14. As directed on 07.11.2022, the Director of IQAC of respondent Gauhati University
submitted the evaluation report and the final score obtained by the petitioner relating to his
fifteen Research Papers including six of those papers which he had submitted by 27.06.2020
along with his application in terms of the said advertisement dated 02.06.2020 and nine that he
submitted after the order of the Court dated 04.08.2022, which were evaluated as per Appendix-
II, Table-2 of said 2018 UGC Regulations as directed by the Court on 04.08.2022.
15. Pursuant to the order of the Court, Mr. Phukan, learned Standing Counsel, Gauhati
University served copy of said IQAC report of the respondent Gauhati University relating to the
evaluation and Scores of those fifteen Research Papers submitted by the petitioner, evaluated as
per Appendix-II, Table-2 of said 2018 UGC Regulations in terms of the order of the Court dated
04.08.2022, which was placed before the Court on 10.11.2022 in sealed cover, to the petitioner as
well as the respondent No.4 through their respective counsels.
16. The respondent University stated that on evaluation of all those fifteen Research Papers
submitted by the petitioner, including those nine papers submitted belatedly, the IQAC of the
Gauhati University found that the petitioner failed to satisfy the basic conditions to be eligible to
be an Associate Professor as his nine papers are not peer-reviewed, one non-existent and scored
only 61.5 in his five Research Papers, whereas a candidate to be eligible for Associate Professor
must submit minimum of seven publications in the Peer-reviewed or UGC-listed journals and a
total research score of Seventy Five (75) as per the criteria given in Appendix-II, Table-2.
According to the respondent University petitioner has only five publications in the Peer-reviewed
or UGC-listed journals and also scored less than 75 as per the criteria given in Appendix-II, Table-
2 of said 2018 UGC Regulations. Since the petitioner does not meet the required UGC criteria of
required minimum standard as laid down in the UGC 2018 Regulations, the respondent university
therefore stated that the petitioner cannot be called for the interview.
17. During the deliberation of the matter, Mr. Phukan, learned Standing Counsel, Gauhati
University placed a copy of the communication No. F.1-1/2018 (Journals/CARE) dated 14.06.2019
issued by the Secretary of the UGC that relates to "Public Notice on Academic Integrity" whereby
the Indian Academic Community have been informed regarding setting up of a Consortium for
Academic and Research Ethics (CARE) by the UGC to identify, continuously monitor and maintain
'UGC-CARE' Reference list of Quality Journals across disciplines that is available with useful
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resources as relevant publications, audio-visual materials, videos, web links etc. including the
Frequently Asked Questions (FAQs), Feedback and also the grievance redressal mechanism at the
UGC-CARE website. Mr. Phukan also pointed out that respondent University issued the relevant
advertisement on 02.06.2020 pertaining to the post involved in this case after said
communication dated 14.06.2019 of the Secretary of the UGC.
18. The respondent university also stated that the papers submitted by the petitioner after
27.06.2020 in terms of said advertisement dated 02.06.2020 cannot be accepted as the last date
of filing of submission of application forms in proper format, where the minimum essential
qualification was specified as per existing UGC norms, was already over by 27.06.2020 and that
the respondent university did not extend the last date of submission of application relating to said
advertisement dated 02.06.2020 after the said last date, i.e., 27.06.2020.
19. Mr. P J Phukan, learned Standing Counsel, Gauhati University in support of his argument
placed reliance on the judgment of the Hon'ble Supreme Court in the cases of Kalyani
Mathivanan -Vs- K.V. Jeyaraj and Ors. reported in (2015) 6 SCC 363 and Archana Sharma -Vs-
University Grants Commission & Others reported in 2019 (3) GLT 392 and also the provisions of
the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other
Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in
Higher Education) Regulations, 2018.
20. The impleaded respondent No. 4, a permanent employee of the Gauhati University since
02.02.2011, holding the post of Assistant Professor in the Department of Business
Administration, who being eligible, applied for the post of Associate Professor in the Department
of Business Administration as advertised on 02.06.2020 and also appeared in the interview for the
said post on 29.07.2022, has filed his affidavit in the matter and also the connected Interlocutory
Application being I.A.(Civil) No. 2773/2022 for modification/ alteration/vacation of the order dated
29.07.2022 passed in the present proceeding. Respondent No.4 prayed to direct the respondent
Gauhati University to declare the results of the interview that was held on 29.07.2022 for the post
of Associate Professor in the Department of Business Administration in Gauhati University in terms
of its Advertisement dated 02.06.2020. The respondent No. 4 urged before the Court that the
petitioner after 27.06.2020 is not entitled to submit any Research Paper before the respondent
Gauhati University since the last date of submission of application form after 27.06.2020 in terms
of the advertisement dated 02.06.2020 was never extended by the said university. Since the
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petitioner is not eligible from the very beginning in not submitting the requisite seven numbers of
research papers as required under UGC Regulations, 2018 his case cannot be considered for
interview for the said post of Associate Professor in the Department of Business Administration
under Un-reserved category. It is also pointed out by the respondent No. 4 that the petitioner not
even immediately after 27.07.2020, but only on 20.07.2022, after more than two years one month
submitted application before the respondent Gauhati University admitting that he submitted six
research papers along with his application pursuant to the said advertisement dated 02.06.2020.
Regarding submission of requisite papers, extension of time for submitting application, necessary
documents etc. to a post advertised, it is stated that the power is vested only with the employer
and in the case in hand such employer did not extend the time limit. Moreover, such relaxation,
on his prayer, that too made belatedly after more than two years cannot be given to the
petitioner alone, as by that time many might have become eligible for the post concerned that
was advertised on 02.06.2020. As such any such relaxation given to the petitioner, according to
the respondent No.4, will not be in accordance with law and that the petitioner cannot be
considered for the interview for the said post of Associate Professor in the Department of
Business Administration as advertised on 02.06.2020, in violation of the relevant laws and rules of
recruitment.
21. It is to be noted herein that though the petitioner in his writ petition stated and also
submitted that he had filed an application/representation on 20.07.2022 before the Registrar of
Gauhati University requesting the said authority to allow him to add all his publications, but in the
order dated 29.07.2020 passed in the present proceeding at Para 3 it was inadvertently typed as
20.07.2020. As such the petitioner filed an Interlocutory Application being I.A. (Civil) No.
2209/2022 for correction of said inadvertent typing mistake of the date concerned. Accordingly,
the Court by order dated 25.08.2022 passed in said I.A. (Civil) No. 2209/2022, corrected the date
of said application/representation of the petitioner as 20.07.2022 in the order dated 29.07.2020
passed in this petition.
22. The petitioner has filed his replies to the affidavits of the respondent Gauhati University as
well as the respondent No. 4 reiterating his submissions made in the writ petition and raising
dispute regarding appointment of the respondent No. 4 as Assistant Professor on 02.02.2011 in
the Department of Business Administration, Gauhati University.
23. The petitioner has also filed an Interlocutory Application being I.A.(Civil) No. 3209/2022
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praying for impleadment of Dr. Shazeed Ahmed, Dr. Bijoyalaxmi Sarmah and Dr. Sinmoy Goswami
who participated in the interview on 29.07.2022 for the said post of Associate Professor in the
Department of Business Administration in Gauhati University as respondent Nos. 5, 6 & 7 in the
present proceeding, that has been heard together with this petition.
24. The parties to this proceeding are heard at length; their submissions and citations given
by them have been duly considered.
25. It is seen from the order dated 04.08.2022 passed earlier in this proceeding that the
Court was informed by the learned counsel for the respondent Gauhati University that in terms of
said order of the Court dated 29.07.2022, the interview of the petitioner could not be conducted
as he came late for the said interview on that date.
26. It is also seen from the said order dated 04.08.2022 that the respondent Gauhati
University submitted before the Court that before taking interview of the petitioner in terms of the
order dated 29.07.2022, permission to the said university may be granted to evaluate the
Research Score of 75 as per the criteria given in Appendix-II, Table-2 of UGC Regulations 2018
submitting that the Gauhati University have no objection regarding petitioner's submission of the
remaining Research Papers/Journal in terms of the advertisement (i.e., dated 02.06.2020).
27. Considering such submission of the respondent Gauhati University, the Court by order
dated 04.08.2022 permitted the respondent university to evaluate the Research Score of 75 as
per the criteria given in Appendix-II, Table-2 of the UGC Regulations and to file a report before
the Court. At the same time the Court by the said order dated 04.08.2022 also allowed the
petitioner to submit the remaining journals which he could not while making his application
against the said advertisement dated 02.06.2020.
28. It is seen that the said order and direction of the Court dated 04.08.2022 passed in the
present proceeding has neither been challenged by the petitioner nor by the respondent Gauhati
University.
29. On perusal of the Advertisement T/2020/3 dated 02.06.2020 issued by the respondent
Gauhati University for the Open post of Associate Professor of Business Administration under
Unreserved Category, involved in this case, it is seen that the respondent university in the said
advertisement clearly indicated that the minimum essential qualification shall be as per existing
UGC norms and that for candidate who will be applying for the post of Professor/ Associate
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Professor filling up of IQAC format is mandatory for such candidate along with the applications,
clarifying further that failing the same, application of the candidate shall be rejected. The said
advertisement also clarified that mere fulfillment of qualification will not entitle an applicant for
inviting to the interview and that in case of large number of applicants against one post, the
University reserved the right for short listing of applications to be called for interview.
30. On the date of the said advertisement dated 02.06.2020, the "University Grants
Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in
Universities and Colleges and Measures for the Maintenance of Standards in Higher Education)
Regulations, 2018" of the UGC was in force.
31. From the orders of the Court dated 29.07.2022 and 04.08.2022, noted above, it is clear
that the Court indicated the said 2018 UGC Regulations.
32. Moreover, from the writ petition of the petitioner as well as the order of the Court dated
29.07.2022 passed in the present proceeding, it can be seen that the petitioner himself relied
upon the 'Eligibility' criteria for the post of Associate Professor as provided in said 2018 UGC
Regulations, requiring a minimum of seven publications in the Peer-reviewed or UGC-listed
journals and a total research score of Seventy Five (75) as per the criteria given in the Appendix-
II, Table-2 of the said UGC Regulations.
33. Clause 4.0 of said 2018 UGC Regulations relates to Direct Recruitment and Clause 4.1
(II) relates to Associate Professor, wherein the 'Eligibility' for Associate Professor is prescribed.
The Court in its order dated 29.07.2022 have also quoted said 'Eligibility' of Associate Professor,
as provided in said 2018 UGC Regulations, which is as follows:
"i) A good academic record, with a Ph.D. degree in the concerned/allied/relevant
disciplines.
ii) A Master's Degree with atleast 55% marks (or an equivalent grade in a point-scale
wherever the grading system is followed).
iii) A minimum of eight years experience of teaching and/or research in an
academic/research position equivalent to that of Assistant Professor in a University,
College or Accredited Research Institution/Industry with a minimum of seven
publications in the Peer-reviewed or UGC-listed journals and a total research score of
Seventy Five (75) as per the criteria given in Appendix-II, Table-2."
34. Appendix-II, Table-2 of said 2018 UGC Regulations relates to Methodology for University
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and College Teachers for Calculating Academic Research Score, wherein under the category of
Research Papers in Peer-reviewed or UGC listed Journals maximum points is 10 per publication
relating to Faculties of Languages/Humanities/Arts/Social-Sciences/Library/Physical
Education/Commerce/Management and other related disciplines.
35. In the said Table-2 of Appendix-II of 2018 UGC Regulations, it is provided that the
Research Score of Research Papers would be augmented as indicated therein, which are - "(i)
Peer-reviewed or UGC-Listed Journals (impact factor to be determined as per Thomson Reuters
List); (ii) Paper in referred Journals without impact factor - 5 points; (iii) Paper with impact factor
less than 1 - 10 points; (iv) Paper with impact factor between 1 and 2 - 15 points; (v) Paper
with impact factor between 2 and 5 - 20 points; (vi) Paper with impact factor between 5 and 10 -
25 points and (vii) Paper with impact factor > 10 - 30 points.
36. It is also seen that under the same heading of said Table-2 of Appendix-II of 2018 UGC
Regulations, it is provided that - (a) Two Authors: 70% of total value of publication for each
author, (b) More than Two Authors: 70% of total value of publication for the First/Principal/
Corresponding Author and 30% of total value of publication for each of the joint Authors.
37. In the case in hand, the API (Academic Performance Indicators) Research Score of the
Research Papers/Journals, submitted by the petitioner in terms of the order of the Court dated
04.08.2022 in the present proceeding have been evaluated by the academicians of the Gauhati
University through its IQAC.
38. The assessment of API Research Score of Teacher/Assistant Professor/Associate
Professor/Professor etc. can be evaluated only by academicians. Generally API Score of a
candidate to a post of Teacher/ Assistant Professor/Associate Professor/Professor etc. to an
Educational Institution/University is evaluated by the IQAC of such Educational
Institution/University.
39. In so far as the evaluation/assessment of a candidate upon his/her academic
performance, including Research Score is concerned, it is within the exclusive domain of the
academicians. The Court does not have any such expertise in the matter in assessing Research
Score of a candidate/Teacher/ Assistant Professor/Associate Professor/Professor etc. It is well
settled that when the issue relates to examination matter where academics are involved it is best
for the Court to leave it to the academics.
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40. In the case in hand, the marks allotted by the IQAC of the Gauhati University with
regard to the fifteen research papers (6+9) submitted by the petitioner, as noted above, cannot
be evaluated by the Court to the extent of marks that the petitioner should have scored and/or as
claimed by him relating to his fifteen Research Papers that he submitted before the Gauhati
University.
41. It is already noted above that by order dated 04.08.2022, the Court permitted the
respondent Gauhati University to evaluate the Research Score of 75 as per the criteria given in
Appendix-II, Table-2 of UGC Regulations (2018 UGC Regulations) and at the same time, also
allowed the petitioner to submit the remaining journals which he could not submit while making
his application against the said advertisement dated 02.06.2020. Accordingly, the respondent
University as required evaluated those fifteen research papers of the petitioner for the Research
Score of 75 as per the criteria given in Appendix-II, Table-2 of said UGC 2018 Regulations and
after such evaluation by the IQAC of Gauhati University it submitted the said evaluation report
relating to those fifteen research papers of the petitioner that he submitted along with the
relevant scores against each of his such research papers obtained by him, which has already been
made known to the petitioner.
42. From the said IQAC report of the respondent Gauhati University relating to the fifteen
research papers of the petitioner that he submitted in terms of the advertisement dated
02.06.2020 and pursuant to the order of the Court dated 04.08.2022, as placed before the Court
reveals that out of those fifteen (15) research papers, the petitioner has only five such research
publications that are Peer-reviewed or UGC-listed journals and in those five research publications
the petitioner obtained Research Score of 61.5.
43. As per the 'Eligibility' criteria for the Associate Professor as provided in the 2018 UGC
Regulations, amongst others, there is a requirement of minimum of seven publications in the
Peer-reviewed or UGC-listed journals and a total research score of Seventy Five (75) as per the
criteria given in Appendix-II, Table-2; but it is seen that the petitioner has only five Peer-reviewed
or UGC-listed research publications/journals and further, the petitioner obtained only 61.5 scores
relating to his five Peer-reviewed or UGC-listed research publications/journals.
44. It is also to be noted herein that the petitioner did not raise any issue that the said IQAC
report of the respondent Gauhati University relating to his fifteen research papers that he
submitted before the Gauhati University pertaining to the Open post of Associate Professor of
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Business Administration under Unreserved Category as advertised by the Gauhati University on
02.06.2020 is bias and/or malafide and/or illegal and/or suffers from any vices. It is already noted
above that the said IQAC report of the Gauhati University was already provided to the petitioner.
As such, the said IQAC report of the Gauhati University relating to those fifteen research papers
of the petitioner that he submitted before the said University, placed before the Court in terms of
the Orders dated 04.08.2022 and 07.11.2022, is considered to be final and conclusive.
45. The order dated 4th August, 2022 passed earlier in this proceeding is quoted below:
ORDER
4th August, 2022 Heard Mr. K. singha, learned counsel for the petitioner.
Mr. P.J. Phukan, learned standing counsel for the Gauhati University submits that no interview of petitioner could be conducted as he came late on the date of interview. However, he submits that before the interview is held with regard to the petitioner, the Gauhati University may be permitted to evaluate the research score of 75 as per the criteria given in Appendix-II, Table-2 of UGC Regulation. He also submits that the Gauhati University has no objection with regard to the petitioner submitting the remaining journal papers in terms of the advertisement.
After hearing the parties, the Gauhati University authority is permitted to evaluate the research score of 75 as per the criteria given in Appendix-II, Table-2 of UGC Regulation and file a report before this Court.
In the meantime, the petitioner is also permitted to submit the remaining journals, which he could not while making his application against the advertisement dated 02-06-2020.
List the matter on 17-08-2022.
The interim order to continue till the next returnable date.
Judge
46. Since, the said order dated 04.08.2022 of the Court passed earlier in this proceeding was neither challenged by the petitioner nor by the respondents, including Gauhati University, therefore, regarding making of an alternative arrangement of interview of the petitioner in terms of the order dated 29.07.2022 is definitely subject to the scoring of 75 Research Score as per criteria given in Appendix-II, Table-2 of said 2018 UGC Regulations with regard to the Peer- reviewed publications or UGC-listed Journals that the petitioner submitted along with his application for the open post of Associate Professor of Business Administration under unreserved category in terms of the Advertisement T/2020/3 dated 02.06.2020 issued by the respondent Page No.# 13/13 Gauhati University on or before 27.06.2020 and in pursuance of the order of the Court passed in the present proceeding on 04.08.2022.
47. Therefore, the Court is of the view that since the petitioner has only five Peer-reviewed or UGC-listed publications/journals and had obtained a total research score of 61.5 as per the criteria given in Appendix-II, Table-2 of said 2018 UGC Regulations, he does not fulfill the requisite 'Eligibility' criteria for the post of Associate Professor as per said 2018 UGC Regulations. Therefore, he is not entitled to be called for the interview to the open post of Associate Professor of Business Administration under unreserved category in terms of the Advertisement T/2020/3 dated 02.06.2020 issued by the respondent Gauhati University, being ineligible and unqualified for the said advertised post.
48. Since he is not eligible to the open post of Associate Professor of Business Administration under unreserved category in terms of the Advertisement T/2020/3 dated 02.06.2020 of the Gauhati University, therefore, the prayers made by the petitioner in this writ petition is not sustainable in law.
49. Accordingly, this writ petition being devoid of merit, stands dismissed.
50. Interim order passed earlier on 29.07.2022 stands vacated.
51. The IQAC report relating to the fifteen research papers of the petitioner, submitted by the respondent Gauhati University in original, in terms of the Orders of the Court dated 04.08.2022 and 07.11.2022 be returned to Mr. P J Phukan, learned Standing counsel, Gauhati University, obtaining necessary acknowledgment from him in that regard.
JUDGE Comparing Assistant