Gauhati High Court
Dhanjit Barman And 4 Ors vs The State Of Assam And 12 Ors on 12 October, 2020
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/7
GAHC010136422020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4021/2020
1:DHANJIT BARMAN AND 4 ORS.
S/O SRI GHANAKANTA BARMAN, R/O VILL. AND P.O. BHAGABATIPARA,
P.S. PALASBARI, DIST- KAMRUP RURAL, ASSAM, PIN-781132
2: DR. BAMDEB DEY
S/O SRI BABUL CHANDRA DEY
R/O PRAGJYOTISH NAGAR
BYELANE NO.6
P.O. MALIGAON
P.S. GOTANAGAR
DIST- KAMRUP METRO
ASSAM
PIN-781011
3: DR. HILLOL KANTI BHATTACHARJEE
S/O LT. HIMANGSHU BHATTACHARJEE
C/O S.J. BHATACHARJEE
H/NO.4
BARSAPARA
ADJACENT TO 5TH BYLANE
P.O. BINOVA NAGAR
DIST- KAMRUP METRO
ASSAM
PIN-781018
4: DR. DIBYAJYOTI BHATTACHARYYA
S/O SRI PRAFULLA CHANDRA BHATTACHARYYA
R/O ISCHADAGHARIA
P.O. KANIHA
P.S. RANGIA
DIST- KAMRUP
ASSAM
PIN-781380
Page No.# 2/7
5: DR. SYED HAMIDUL ISLAM
S/O ABDUL LATIF
R/O KUMARPATA
P.O. PUTHIMARI
P.S. RANGIA
DIST- KAMRUP
ASSAM
PIN-78138
VERSUS
1:THE STATE OF ASSAM AND 12 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCATION,
ASSAM, KAHILIPARA, GHY-19
2:THE DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE UNION OF INDIA
REP. BY THE SECRETARY
DEPT. OF HIGHER EDUCATION
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
SASTHRI BHAWAN
NEW DELHI-01
4:THE UNIVERSITY GRANTS COMMISSION
NEW DELHI-02
REP. BY ITS SECRETARY
5:THE PRINCIPAL/SECRETARY
ADP COLLEGE
P.O. HAIBORGAON
DIST- NAGAON
ASSAM
PIN-782002
6:THE PRINCIPAL / SECRETARY
NOWGONG GIRLS' COLLEGE
NAGAON
DIST- NAGAON
ASSAM
PIN-782002
7:THE PRINCIPAL / SECRETARY
RANGAPARA COLLEGE
P.O. RANGAPARA
Page No.# 3/7
DIST- SONITPUR
ASSAM
PIN-784505
8:THE PRINCIPAL / SECRETARY
BAPUJI COLLEGE
SARUKHETRI
P.O. SARTHEBARI
DIST- BARPETA
ASSAM
PIN-781307
9:THE PRINCIPAL / SECRETARY
SUREN DAS COLLEGE
HAJO
DIST- KAMRUP
ASSAM
PIN-781102
10:THE PRINCIPAL / SECRETARY
NORTH GUWAHATI COLLEGE
DIST- KAMRUP
ASSAM
PIN-781031
11:THE PRINCIPAL / SECRETARY
PANDIT DEENDAYAL UPADHYAYA ADARSHA MAHAVIDYALAYA (PDUAM)
TULUNGLA
P.O. NORTH SALMARA
DIST- BONGAIGAON
ASSAM
PIN-783383
12:THE PRINCIPAL / SECRETARY
PATHARKANDI COLLEGE
P.O. PATHARKANDI
DIST- KARIMGANJ
ASSAM
PIN-788724
13:THE PRINCIPAL / SECRETARY
PANDIT DEENDAYAL UPADHYAYA ADARSHA MAHAVIDYALAYA (PDUAM)
P.O. AMJONGA
DIST- GOALPARA
ASSAM
PIN-78312
Advocate for the Petitioner : DR. B AHMED
Page No.# 4/7
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 12.10.2020 Heard Dr. B.U. Ahmed, learned counsel for the petitioners and Mr. K. Gogoi, learned Standing Counsel, Higher Education & Central Government Counsel appearing for respondent Nos. 1,2 and 3. Also heard Mr. A. Chamuah, learned Standing Counsel, UGC appearing for respondent No. 4.
It is submitted by the petitioners that they are qualified and eligible for the posts advertised by the authorities of (i) ADP College, Nagaon; (ii) Nowgong Girls' College, Nagaon;
(iii) Rangapara College, Rangapara, District Sonitpur; (iv) Bapujee College, Sarukshetri, Sarthebari; (v) Suren Das College, Hajo, District Kamrup; (vi) North Gauhati College, District Kamrup; (vii) Pandit Deendayal Upadhyay Adarsha Mahavidyaya (PDUAM), Tulungla, North Salmara, District Bongaigaon; (viii) Patharkandi College, Patharkandi, District Karimganj and
(ix) Pandit Deendayal Upadhyay Adarsha Mahavidyalaya (PDUAM), Amjonga, District Goalpara, which were issued in the months of January, August and September, 2020.
Dr. Ahmed, learned counsel for the petitioners brought to the notice of the Court that the UGC vide its Notification dated 18.07.2018 published in the Gazette of India on 18.07.2018 issued the "Regulations on Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018" wherein no upper age for recruitment to the posts of Assistant Professors has been prescribed. The State Government in the Higher Education Department in compliance of the provisions of the Notification dated 30.06.2010 of the UGC on "Minimum Qualifications for Appointment of Teachers and Other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Page No.# 5/7 Education", issued a Guideline/Office Memorandum on 08.11.2018. Following the same and without adhering to the new UGC Notification dated 18.07.2018, the aforesaid Colleges have issued those advertisements during January, August and September, 2020 fixing the upper age limit for recruitment to the posts of Assistant Professors in various subjects as 38 years as on 01.01.2020 with relaxation of 5 years for SC/ST/PWD candidates and 3 years for OBC.MOBC candidates, which is in violation of the UGC Notification dated 18.07.2018.
Dr. Ahmed, learned counsel for the petitioners as such prayed for necessary direction to the State respondents to follow the "Measures for Maintenance of Standards in Higher Education" issued by the UGC Notification dated 18.07.2018 with regard to such advertisements of the colleges noted above during January, August and September, 2020 and, in the interim, prayed for a direction to the authorities of those nine colleges to accept their applications for the posts of Assistant Professors in those colleges in the subject of Mathematics. In this regard, Dr. Ahmed also placed a copy of the order dated 21.08.2019 passed by another Bench of this Court in WP(C) No. 5998/2019 (Pallavi Sharma & 23 Ors. - vs- State of Assam & Ors.).
Mr. K. Gogoi, learned Standing Counsel, Higher Education, on the other hand, submitted that such advertisements in January, August and September, 2020 have been issued by the respective Colleges for the posts of Assistant Professors under the provisions of statutory Rules in force in that regard and as per the Office Memorandums of the State Government issued in terms of the UGC Notification issued in the year 2010. Mr. Gogoi further submitted that in order to give effect to any such UGC Notification, the State Government has to adopt it first and with regard to the UGC Notification dated 18.07.2018 the State Government in the Education Department is yet to adopt the same.
Mr. A Chamuah, learned Standing Counsel, UGC placed reliance on a decision of the Hon'ble Apex Court in the case of Kalyani Mathivanan -vs- K.V. Jeyara j, reported in (2015) 6 SCC 363 and submitted that the minimum and maximum recruitment age as well as the retirement age of any such Assistant Professor/Professor in the colleges of the State is as per the decision of the State Government unless any such age specified by the UGC in the Notifications/Office Memorandums are accepted by the State Government.
Page No.# 6/7 It is seen that the advertisement issued by the authorities of ADP College, Nagaon was published in the newspapers of the State on 09.09.2020 and the candidates willing to participate in the process of recruitment were granted 15 days' time from the date of publication of the said advertisement to submit their applications. In case of Nowgong Girls' College, Nagaon, the advertisement was published on 12.08.2020 and the last date of receipt of such applications by the college authorities was 20 days from the date of publication of the said advertisement. In case of Rangapara College, Rangapara the advertisement was issued on 12.08.2020 and the last date of receipt of such applications was 28.08.2020. There is another advertisement published by the authorities of Rangapara College dated 13.08.2020, wherein 15 days' time was granted to the candidates to file their applications. The advertisement issued by the authorities of Bapujee College, Sarukshetri, Sarthebari was published on 13.08.2020 and 15 days' time was granted to the candidates to submit such applications. Suren Das College, Hajo also published its advertisement on 13.08.2020 and 15 days' time was granted from the said date to file applications. The advertisement issued by North Gauhati College was published on 23.08.2020 and 15 days' time was granted to the candidates to file their applications. PDUAM College, Tulungla issued its advertisement on 11.08.2020 and 15 days' time was granted to file applications. Patharkandi College issued its advertisement on 10.08.2020 and 15 days' time was granted for submission of applications. Similarly, PDUAM College, Amjonga, Goalpara issued its advertisement on 01.01.2020 and 15 days' time was granted for filing such applications.
Issue notice, returnable by 24.11.2020.
As Mr. K. Gogoi, learned Standing Counsel, Higher Education & Central Government Counsel and Mr. A Chamuah, learned Standing Counsel, UGC has accepted notice on behalf of respondent Nos. 1 to 4, no formal notice is required to be issued to these respondents.
Petitioners shall serve requisite extra copies of the writ petition along with all the annexures appended thereto to Mr. Gogoi and Mr. Chamuah within two days.
It is seen that the petitioners have approached this Court by filing this writ petition only on 29.09.2020, much after the last date of filing of the applications for such posts advertised by the nine colleges in the months of January, August and September, 2020 noted above.
Page No.# 7/7 In view of the above, in exercise of powers under Article 226 of the Constitution of India, the Court cannot extend the last date/cut off date of filing such applications, more particularly when the petitioners have approached the Court at a belated stage after the last date of filing of such applications.
Considering the above, the prayer of the petitioners for interim relief stands rejected.
List accordingly.
JUDGE Comparing Assistant