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7. Mr. K Gogoi, learned counsel for the Higher Education Department of the Government of Assam on the other hand raises the counter contention that the colleges under the Higher Education Department of the Government of Assam are not funded by the UGC from their funds and such colleges are basically operated by the Government of Assam from their own State funds may be except for certain occasional grants that may be given by the UGC for the developmental purpose of the respective colleges. It is submitted that as colleges under the Higher Education Department of the Government of Assam are not wholly funded by the UGC, therefore, by relying on the propositions of law laid down by the Supreme Court in Kalyani Mathivanan Vs. KV Jeyaraj and others reported in (2015) 6 SCC 363, there is a discretion vested in the Higher Education Department of the Government of Assam to adopt their own procedure in respect of selection for the post of Assistant Professor in the colleges under the Department.

26. In this respect, we take note of the contention of Mr. K Gogoi, learned counsel for the Higher Education Department where reference has been made to the proposition of law laid down by the Supreme Court in Kalyani Mathivanan (supra) wherein in paragraph 62.3 thereof it was held that the UGC Regulations of 2010 are mandatory for teachers and other academic staff in all central universities and colleges thereunder and the institutions deemed to be universities whose maintenance expenditure is met by the UGC. In paragraph 62.4 thereof, it has been provided that the UGC Regulations of 2010 are directory for the universities, colleges, and other higher educational institutions under the purview of the State Legislation. As the matter has been left to the Page No.# 18/23 State Government to adopt and implement the scheme, thus the UGC Regulations of 2010 are partly mandatory and is partly directory. In paragraph 62.5 thereof the Supreme Court has provided that the UGC Regulations of 2010 having not been adopted by the State of Tamil Nadu, the question of conflict between State Legislation and the statutes framed under Central Legislation does not arise and in such case, there shall be no conflict between the State Legislation and the Central Legislation.

27. In the instant case, it is stated by the Higher Education Department of the Government of Assam that for the colleges under the Department, the maintenance expenditure is not made by the UGC, but it is made by the State Government from its own funds, except may be for certain occasional grants that may be provided by the UGC for further development of the colleges. Inspite of such grants, being received, the core maintenance of the colleges are from the funds of the State Government itself. Accordingly, by referring to the provisions of paragraph 62.3 of the provisions of the Supreme Court in Kalyani Mathivanan (supra), it is the stand of the Government of Assam in the Higher Education Department that the provisions of the UGC Regulations of 2010 in its entirety are not mandatorily applicable for the purpose of colleges under the Government of Assam in the Higher Education Department and on the other hand, such provisions are directory for the authorities. It is the stand of Mr. K Gogoi, learned Standing Counsel Higher Education Department that in exercise of its discretionary power, the provisions of Clauses 3.0.0, 4.0.0, 4.4.0, 4.4.1 of the UGC Regulations of 2010 and prescribed norms for the post provided therein have been adopted and in doing so, the provisions other than the aforesaid provisions have not been adopted. By accepting the statement that the Page No.# 19/23 Government of Assam is meeting the maintenance expenditure of the colleges from its own funds, except for the occasional grants for developmental purpose that may be provided, we are inclined to accept the contention of the Higher Education Department of the Government of Assam that the provisions of the UGC Regulations of 2010 are not applicable to the colleges under the Higher Education Department in its entirety except for the specific provisions thereof that has been adopted as indicated above.