Gauhati High Court
Charan Kumar Brahma vs The Bodoland University And 6 Ors on 24 November, 2020
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/5
GAHC010126462020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1889/2020
CHARAN KUMAR BRAHMA
Address:S/O- LT. EJENDRA NATH BRAHMA
R/O- VILL- BAMAN KURA
P.O. BINYA KHATA
PIN- 783336
DIST.- KOKRAJHAR
BTAD
ASSAM
VERSUS
THE BODOLAND UNIVERSITY AND 6 ORS.
Address:REP. THROUGH THE REGISTRAR
BODOLAND UNIVERSITY
KOKRAJHAR
ASSAM
PIN- 783370
2:THE VICE CHANCELLOR
Address:BODOLAND UNIVERSITY
KOKRAJHAR
ASSAM
PIN- 783370
3:THE REGISTRAR
Address:BODOLAND UNIVERSITY
KOKRAJHAR
ASSAM
PIN- 783370
4:THE EXECUTIVE COUNCIL OF BODOLAND UNIVERSITY
Address:THROUGH ITS MEMBER SECY. (THE REGISTRAR OF THE
BODOLAND UNIVERSITY) KOKRAJHAR
ASSAM
Page No.# 2/5
PIN- 783370
5:PROF. R.P KAKATI
Address:HEAD OF THE DEPT.
GAUHATI UNIVERSITY
GUWAHATI
ASSAM
PIN- 781014
6:PROF. M.K. CHOWDHURY
Address:PROFESSOR
GAUHATI UNIVERSITY
GUWAHATI
ASSAM
PIN- 781014
7:PROF. PRADEEP KUMAR JAIN
Address:PROFESSOR
GAUHATI UNIVERSITY
GUWAHATI
ASSAM
PIN- 781014
------------
Advocate for : MR. P UPADHYAY
Advocate for : MR. K K DEY appearing for THE BODOLAND UNIVERSITY AND 6
ORS.: Advocate ,
,
,
,
,
, appearing for 2,
3,
4,
5,
6,
7, respectively.
Page No.# 3/5
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
24.11.2020 Heard Mr. P. Upadhyay, learned counsel for the applicant. Also heard Mr. K.K. Dey, learned counsel for the Bodoland University.
2. We are also not inclined to issue notice to the respondents no. 5, 6 and 7 namely, Professor R.P. Kakati., Head of the Department, Gauhati University, Prof. M.K. Choudhury, Professor, Gauhati University and Prof. P.K. Jain, Professor, Gauhati University for the purpose of this interlocutory application.
3. The petitioner is M.Sc in Statistics. An advertisement was issued by the Bodoland University for the Post of Assistant Professor in the unreseved category for the subject Business Administration. The advertisement contained that the required qualification for the post of Assistant Professor would be M.B.A./M.Sc in Statistics. But subsequently, the Bodoland University deviated from the said advertisement and rejected the selection of the petitioner by arriving at its conclusion that M.Sc in Statistics was not a relevant subject for the subject Business Administration in that university.
4. Being aggrieved, WP(C) No. 6956/2015 was instituted by the petitioner which was disposed of by the order dated 12.03.2020 requiring some subject experts of the Gauhati University to give their views as to whether M.Sc. in Statistics would be a relevant qualification for the post of Assistant Professor in the subject Business Administration. The relevant Expert Committee of the Gauhati University gave its opinion dated 21.05.2020 which is extracted as below:
"29. However, in order to obviate any controversy in the matter, as also agreed by the learned counsel for the petitioner, this Court proposes to refer the matter to another body of Experts to ascertain as to whether the qualification of M.Sc. in Statistics possessed by the petitioner is covered by the expression "in a relevant Page No.# 4/5 Management related discipline" as provided under the UGC Regulations so that Bodoland University authorities can decide on the issue of appointment of the petitioner on the basis of the recommendation made by the Interview Board by taking into consideration the view of the Experts as to be nominated by this Court hereinafter. For this purpose the matter is referred to the Head of the Department, Department of Business Administration, Gauhati University, who in consultation with 2 (two) other Professors of the Department may give their views as to whether the qualification of M.Sc. in Statistics possessed by the petitioner is covered within the meaning and scope of the expression "in a relevant Management related discipline" as provided in Regulation No. 4.4.5(1) of the UGC Regulation as mentioned above."
5. The academic expert view given by the Subject Experts of Gauhati University is assailed in WP(C) No. 3842/2020 in which notice was issued by the order dated 12.10.2020. The petitioner institutes this interlocutory application for an interim order that the advertisement for the post of Assistant Teacher in Business Administration be further stayed till an adjudication is arrived at on the claim of the petitioner that M.Sc. in Statistics would also be a relevant qualification for the Post of Assistant Professor in Business Administration.
6. The petitioner in other words assails the views of the Academic Authorities. The three members of Subject Experts are also made respondents in this interlocutory application by name, although we do not find any such materials being produced or referred by the petitioner as regards any malafide being committed by the three Subject Experts.
7. A reading of the view of the three experts appears to be an academic view given as per the requirement of this Court in the order dated 12.03.2020 and no malafide is discernable from such order.
8. From the said point of view, we are not inclined to issue notice to the respondents no. 5, 6 and 7. As regards the prayer of the petitioner for the stay of the advertisement for the post of Assistant Professor in Business Administration for Bodoland University, we have taken note of that the advertisement is of the year 2014 and because of the claims being made by the writ petitioner regarding inclusion of the subject M.Sc. in Statistics to be also a qualifying subject, the University Authorities are precluded from proceeding further with the Page No.# 5/5 advertisement. An implication thereof is that the students of the Bodoland University are not having appropriate faculty member in the subject Business Administration because of the claim of the writ petitioner for the last six years.
9. As regards the prima facie case of the petitioner, we are not convinced of any strong prima facie case being made out that the subject M.Sc. in Statistics would also have to be considered to be a qualifying subject for the post of Assistant Professor in Business Administration. Although such view is a tentative view and not the final view, which would be adjudicated in WP(C) No. 3842/202, but what we are more concern of is the balance of convenience and irreparable loss that may be suffered. The students being deprived of a faculty member for last six years is itself a reason to have a balance of convenience against the applicant. Further irreparable loss has to be considered not only from the point of view of a given prospective candidates for the post of Assistant Professor but it also has to be considered from the point of view of the suffering that the students are required to face.
10. In view of the above, we are not inclined to pass an interim order. If in future there is a decision in favour of the petitioner that M.Sc. in Statistics is also a qualifying subject for the subject Business Administration, the petitioner may duly apply for all such posts in future but the same cannot be a reason to withhold the further process pursuant to the advertisement of the year 2014 for the post of Assistant Professor.
11. In view of the above, we are not inclined to accept the prayer made in the interlocutory application.
12. Interlocutory application stands closed.
JUDGE Comparing Assistant