Gauhati High Court
Dr. Banabina Brahma vs The State Of Assam And 5 Ors on 10 November, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010228422022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7171/2022
DR. BANABINA BRAHMA
D/O- LT. BATENDRA NATH BRAHMA, R/O- WARD NO.6, HOSPITAL ROAD,
P.O. KOKRAJHAR, DIST.- KOKRAJHAR, ASSAM- 783370
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HIGHER
EDUCATION DEPTT., DISPUR, GHY-6
2:THE ASSAM PUBLIC SERVICE COMMISSION
REP. BY ITS CHAIRMAN
JAWAHAR NAGAR
KHANAPARA
GHY
ASSAM- 781022
3:THE CHAIRMAN
ASSAM PUBLIC SERVICE COMMISSION JAWAHAR NAGAR
KHANAPARA
GHY
ASSAM- 781022
4:THE SELECTION COMMITTEE
CONSTITUTED FOR SELECTION OF PRINCIPAL OF KOKRAJHAR GOVT.
COLLEGE REP. BY THE CHAIRMAN
ASSAM PUBLIC SERVICE COMMISSION JAWAHAR NAGAR
KHANAPARA
GHY
ASSAM- 781022
5:THE PRINCIPAL CONTROLLER OF EXAMINATIONS
Page No.# 2/5
ASSAM PUBLIC SERVICE COMMISSION
KHANAPARA
GHY
ASSAM- 781022
6:DIMACHA DWIBRANG MWCHAHARY
PRESENTLY SERVING AS ASSOCIATE PROFESSOR AND HEAD OF DEPTT.
(I/C)
MATHEMATICS
KOKRAJHAR GOVT. COLLEGE
ASSAM- 78337
Advocate for the Petitioner : MR B D DAS
Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
10-11-2022 Heard Mr. B. D. Das, learned Senior counsel assisted by Mr. D. Kalita, learned counsel for the petitioner and Mr. S. Bhuyan, learned Standing counsel, Higher Education Department for the respondent No. 1. Also heard Mr. P.P. Dutta, learned Standing counsel, Assam Public Service Commission (APSC) for the respondent Nos. 2 to 5.
For proper adjudication of the case, the Principal Secretary, Bodoland Territorial Council as well as the Director of Education, Bodoland Territorial Council be impleaded as party respondent Nos. 7 &
8. Accordingly, the petitioner is allowed to correct the cause title by hand during the course of the day.
Mr. B. Choudhury, learned Standing counsel, BTC has entered appearance on behalf of the newly impleaded respondent Nos. 7 & 8 in the matter.
The post of the regular Principal of Kokrajhar Government College, Kokrajhar was lying vacant since 01.04.2018 as the erstwhile Principal of said College retired from his service on 31.03.2018 on attaining the age of superannuation.
Page No.# 3/5 The respondent APSC on the request of the State Government in the Higher Education Department issued Advertisement No. 09/2021 dated 03.11.2021 for filling up of said post of Principal in Kokrajhar Government College under the Open Category.
Both the petitioner and the respondent No. 6 submitted their applications for the post of Principal in said Kokrajhar Government College, Kokrajhar and the interview for the said post was held at Kokrajhar on 05.11.2022 in which both of them participated.
It is stated by the petitioner that the respondent APSC by issuing a Corrigendum under No. 43PSC/DR-1/1/2020-2021 dated 15.06.2022 clarified that it will follow the Government Office Memorandum No. AHE.45/2019/2 dated 25.02.2019 regarding educational qualification for the post of Principal of said Kokrajhar Govt. College dispensing 'Research Guidance' for applying to the said post extending the last date of submission of application from 03.12.2021 to 30.06.2022.
It is also stated by the petitioner that the UGC Regulations on Minimum Qualification for Appointment of Teacher and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education, 2018 issued by the UGC on 18.07.2018 published in the Gazette of India on the same date prescribes the procedure and the eligibility criteria for selection to the posts of College Principal and Professor.
Clause VIII(A)(a)(v) of said 2018 UGC Regulations relates to Selection Committee for selection of College Principal and Professor which reads as follows:
"An academician representing SC/ST/OBC/ Minority/ Women/ Differently-abled categories, if any of candidates representing these categories is the applicant, to be nominated by the Vic-Chancellor, if any of the above members of the selection committee does not belong to that category."
It is submitted by the petitioner that the selection committee which conducted the selection on 05.11.2022 for the post of Principal of said Kokrajhar Government College, did not have any academician representing SC/ST/OBC/ Minority as provided by said Clause VIII(A)(a)(v) of the 2018 UGC Regulations.
It is also submitted by the petitioner that though the respondent No. 6 on his own assessment claimed 400.5 API score for selection to the post of Principal of Kokrajhar Girls College but while he appeared in the interview, the concerned selection board assessed him only 157.2 API score and as such, he was not selected for the post of Principal of Kokrajhar Girls College by the concerned selection board.
Page No.# 4/5 On the other hand, the petitioner on her own assessment claimed 487 API score which is much above the respondent No. 6.
Considering the above, the petitioner claims that as the selection dated 05.11.2022 for the post of Principal of said Kokrajhar Government College, was not in conformity with the provisions of Regulation of VIII(A)(a)(v) of said 2018 UGC Regulations as there was no SC/ST/OBC/Minority Academician in the selection Committee, therefore, the selection process declaring the respondent No. 6 as selected for the said post is to be set aside and quashed and prays for holding a fresh selection in respect of the post of Principal of Kokrajhar Government College as advertised on 03.11.2021 by the APSC in terms of the said 2018 Regulations.
It is submitted by Mr. Dutta, learned Standing counsel, APSC that after selection being done by the respondent APSC, it has submitted the recommendation before the State Government in the Higher Education Department selecting the respondent No. 6 for the said advertised post.
Issue notice, returnable by 24.11.2022.
As Mr. S. Bhuyan, learned Standing counsel, Higher Education Department, Mr. P.P. Dutta, learned Standing counsel, APSC and Mr. B. Choudhury, learned Standing counsel, BTC, have accepted the notices on behalf of the respondent Nos. 1; 2 to 5 and 7 & 8 respectively, no formal notice need to be issued to those respondents.
Petitioner shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. S. Bhuyan, learned Standing counsel, Higher Education Department, Mr. P.P. Dutta, learned Standing counsel, APSC and Mr. B. Choudhury, learned Standing counsel, BTC, by tomorrow, i.e., 11.11.2022 obtaining necessary acknowledgment from them in that regard.
Petitioner shall take step for service of notice on the respondent No. 6, who is serving as an Associate Professor in the department of Mathematics of Kokrajhar Government College, Kokrajhar by registered post with A/D by tomorrow, i.e., 11.11.2022, providing his correct and proper address with requisite postal stamps.
In addition to the above, the petitioner is also allowed to take step on the respondent No. 6 by dasti/personal service to be routed through the Registry of this court. Such dasti/personal service, shall be made on the respondent No. 6 by serving a copy of this writ petition including the annexures appended thereto on or before 15.11.2022 obtaining his signature with date in presence of one or more witnesses. Thereafter, the petitioner shall file an affidavit towards completion of such dasti/personal service on the said respondent No. 6.
Page No.# 5/5 The respondents in the Higher Education as well as the APSC shall file their affidavits in this matter on or before 19.11.2022 by serving copies of the same on the learned counsel for the petitioner. Thereafter, petitioner shall file her reply, if any, on or before 23.11.2022.
On the returnable date i.e., 24.11.2022, the respondent APSC, shall place the relevant record in original regarding selection to the post of Principal in Kokrajhar Government College, Kokrajhar pursuant to the advertisement dated 03.11.2021, noted above that was held on 05.11.2022.
Till then i.e., 24.11.2022, the State Government in the Higher Education Department shall not fill up the post of regular Principal in Kokrajhar Government College, Kokrajhar without the leave of the Court.
Registry shall reflect the name of Mr. B. Choudhury, learned Standing counsel, BTC for the respondent Nos. 7 & 8 in the cause list against this item.
List accordingly.
JUDGE Comparing Assistant