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2. The petitioner Dr. Md. Yamin Hasan had offered his candidature for the Page No.# 3/13 post of Principal of Pramathesh Baruah College, Gauripur, pursuant to the advertisement dated 12.09.2020, which was published in the local daily newspaper namely The Assam Tribune as well as another news paper namely Asomiya Pratidin.

3. In course of the selection process, the authorities in the Governing Body of the Pramathesh Baruah College, Gauripur by the Resolution No.2 dated 10.10.2020 resolved that 5 Nos. of applications were received pursuant to the aforesaid advertisement and an unanimous resolution was taken that the 5 Nos. of applications be sent to the Vice Chancellor of the Gauhati University at the earliest for screening and for holding the interview as per the guidelines laid down by the Director of Higher Education Assam. Accordingly, the President of the Governing Body was requested to forward the said decision to the Vice Chancellor of the Gauhati University for his approval and for necessary steps to complete the process of selection. Consequent thereof, the President of the Governing Body by the communication dated 12.10.2020, requested the Vice Chancellor of Gauhati University that necessary steps be taken for assessing the API score of the applicants and also to hold the interview for selection of the regular Principal of the College at the earliest. In furtherance thereof, the Academic Registrar of the Gauhati University by the communication dated 02.11.2020 informed the President-cum-Principal Secretary, Selection Committee of Pramathesh Barua College Gauripur that upon scrutiny four of the applicants have acquired the requisite API score and have been found eligible as per the UGC Regulations On Minimum Qualifications For Appointment of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education, 2018 (for Page No.# 4/13 short, the UGC Regulations of 2018) and therefore be recommended for appearing before the Selection Committee. It is taken note that five applications were forwarded to the Gauhati University for determining the API score and in response thereof, the Gauhati University had found that four of the candidates have the requisite API score and were declared to be eligible for appearing before the Selection Committee in doing so the petitioner Dr. Md. Yamin Hassan had been left out.

13. It is further submitted by both Mr. K Gogoi, learned counsel for the Higher Education Department and Mr. PJ Phukan, learned standing counsel, Gauhati University that for the purpose of determining the API score, the procedure to be adopted is a complicated procedure and the Selection Committee as such may not be competent for the purpose. In order to mitigate the situation, the procedure adopted in the selection is that the requirement of evaluating the API score is entrusted to the authorities under the Gauhati University who is stated to be having the necessary expertise for determining the API score. It is submitted that such procedure adopted is also not inconsistent with the provisions of Clause 6.0 VII of the UGC Regulations of 2018.

15. Accordingly, it is the submission of the learned counsel for the Higher Education Department as well as the Gauhati University that the IQAC of the Gauhati University would have the competence to determine the API score of the applicant/candidate for the post of Principal of the college concerned. We are not inclined to differ with the said submission of the Higher Education Department and the Gauhati University and take on board that the IQAC of Gauhati University would be the competent authority to determine the API score.

19. Upon considering the matter in its entirety as indicated above, we interfere with the communication of the Academic Registrar of the Gauhati University dated 02.11.2020 whereby only four of the applicants for the post of Principal of Prathamesh Baruah College, Gauripur were recommended for appearing before the Selection Committee and while doing so, the candidature of the writ Page No.# 13/13 petitioner Dr. Md. Yamin Hassan was rejected. As concluded above, the authorities in the Gauhati University upon the necessary assessment of the API score may transmit the same to the Selection Committee constituted for the purpose of selection of the Principal of the Prathamesh Baruah College and the Selection Committee may take note of such API evaluation may proceed further with the selection and bring it to its logical end. In doing so, the Selection Committee shall take on board all the five applicants and make their own individual assessment on merit for selection of the candidates.