Amaj Ahmed Laskar vs The State Of Assam And 10 Ors
2021 Latest Caselaw 600 Gua

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GAHC010028832021




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No. : WP(C)/1034/2021

         AMAJ AHMED LASKAR
         S/O. LT. RAJAB ALI LASKAR, VILL. NITAINAGAR PART-III, P.O.
         NITAINAGAR, PIN-788155, P.S. HAILAKANDI, DIST. HAILAKANDI, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 10 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HIGHER
         EDUCATION DEPTT., DISPUR, GUWAHATI-781006.

         2:THE DIRECTOR OF HIGHER EDUCATION

          ASSAM
          KAHILIPARA
          GUWAHATI-781019.

         3:THE NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING
         (NCERT)

          REP. BY THE DIRECTOR
          NCERT
          SRI AURBINDO MARG
          NEW DELHI- PIN-110016.

         4:THE UNIVERSITY GRANTS COMMISSION (UGC)

          REP. BY ITS SECRETARY
          BAHADUR SHAH ZAFAR MARG
          NEW DELHI-110002.

         5:THE GAUHATI UNIVERSITY
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REP. BY ITS REGISTRAR
JALUKBARI
P.O. JALUKBARI
PIN-781014
KAMRUP (M)
ASSAM.

6:THE DIBRUGARH UNIVERSITY

REP. BY ITS REGISTRAR
DIBRUGARH
P.O. DIBRUGARH
PIN-786004
DIBRUGARH
ASSAM.

7:THE ASSAM UNIVERSITY

REP. BY ITS REGISTRAR CACHAR
SILCHAR
ASSAM
PIN-788011.

8:THE TEZPUR UNIVERSITY
 REP. BY ITS REGISTRAR TEZPUR
ASSAM
 P.O. TEZPUR
 PIN-784028.

9:THE SELECTION COMMITTEE

D.K.D. COLLEGE
DERGAON
REP. BY THE CHAIRMAN OF THE SELECTION COMMITTEE
P.O. DERGAON
PIN-785614
DIST. GOLAGHAT
ASSAM.

10:THE SELECTION COMMITTEE

NABAJYOTI COLLEGE
KALGACHIA
REP. BY THE CHAIRMAN OF THE SELECTION COMMITTEE
P.O. KALGACHIA
PIN-781319
DIST. BARPETA
ASSAM.
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              11:THE SELECTION COMMITTEE

              HANDIQUE CIRLS COLLEGE
              PANBAZAR
              REP. BY THE CHAIRMAN OF THE SELECTION COMMITTEE
              P.O. PANBAZAR
              PIN-781001
              DIST. KAMRUP (M)
              ASSAM

Advocate for the Petitioner     : MR. I H LASKAR

Advocate for the Respondent : SC, HIGHER EDU




                                   BEFORE
              HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                               ORDER

Date : 22-02-2021

Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for the Higher Education Department of Government of Assam, Mr. P.J. Phukan, learned counsel for the respondent no. 5 being the Gauhati University, Mr. N.C. Das, learned counsel for the respondent no. 6 being the Dibrugarh University and respondent no. 8 being the Tezpur University and Ms. T. Hazarika, learned counsel for the respondent no. 7 being the Assam University and Ms. D. Dutta, learned counsel for the respondent no. 4 being the University Grants Commission represented by its Secretary.

2. Although the National Council of Educational Research and Training (NCERT) represented by its Director is arrayed as respondent no. 3, we deem it appropriate that from the nature of the order proposed to be passed, no notice is required to be issued to the respondent no. 3 for the present.

3. We also deem it appropriate not to issue notice upon the respondent no. 9 being the selection committee, DKD College for the present.

4. The petitioner who is having the B.Sc. degree with Honours in Bio Chemistry in the year 2010 from the Aligarh Muslim University as well as M.Sc. degree in Bio-Technology in the year 2012 from the same University had participated in a selection process pursuant to an advertisement dated 09.01.2021 issued by the Principal DKD College, amongst others, for the post of Assistant Professor in Zoology. The petitioner claims that he had subject of Zoology, Chemistry etc. in his B.Sc. course Page No.# 4/6

5. The petitioner is aggrieved to the extent that the authorities in the DKD College has disallowed him from participating in the aforesaid selection process on the ground that the post advertised was for Assistant Professor in Zoology whereas the petitioner is having M.Sc. degree in Bio-Technology. Consequently, an issue is sought to be raised as to whether M.Sc. degree in Bio-Technology would also be the required qualification for the post of Assistant Professor in Zoology. The petitioner refers to an earlier judgment of this Court dated 16.09.2009 in WP(C) No. 7318/2017 wherein the Circular dated 03.10.2017 issued by the Director of Higher Education, Assam was assailed for having provided that only candidates having M.Sc. in Botany and Zoology would be eligible for an appointment to any post of Botany and Zoology. In the said petition also, the petitioner therein was an M.Sc. in Biotechnology and was aggrieved by the aforesaid provisions of the Director of Higher Education that only candidates having M.Sc. degree in Botany and Zoology alone would be eligible to participate in any recruitment process for Assistant Professor for the subjects of Botany and Zoology, meaning thereby that M.Sc. degree in subject Bio-Technology would not be eligible for the purpose.

6. This Court by the judgment dated 16.09.2009 interfered with the said Circular issued by the Director of Higher Education on the ground that there exists a resolution dated 01.07.1992 of the Academic Council of the Gauhati University wherein it was provided that even the candidates having M.Sc. degree in Bio-Technology would be eligible for an appointment for a post of Assistant Professor (Lecturer) in Botany. This Court was of the view that as to what would be the appropriate qualification for a recruitment to a given post of Assistant Professor and as to whether candidates having an M.Sc. in Bio-Technology would also be eligible for the post of Assistant Professor in Botany is a matter of academic authorities to decide and it is not for the Court to substitute its own view on the matter. But as the provision of the Circular dated 03.10.2017 was in conflict with the resolution of the Academic Council of the Gauhati University dated 01.07.1992 the provisions of the Circular issued by the Director of Higher Education was interfered. As the Circular of the Director of Higher Education providing that M.Sc. in Bio-Technology would not be eligible for the post of Assistant Professor in Biotechnology was interfered, the petitioner now raises the contention that the rejection of the candidature of the petitioner on the ground that he is M.Sc. in Biotechnology and therefore, not duly qualified for the post of Assistant Professor in Zoology, would be contrary to the conclusion arrived at by this Court while setting aside the Circular dated 03.10.2017 issued by the Director of Higher Education, Assam.

7. We have given a consideration to the said contention raised by the petitioner. Though the Circular of the Director of Higher Education providing that M.Sc. in Bio-Technology would not be a qualification for the post of Assistant Professor of Botany and Zoology was interfered by this Court but Page No.# 5/6

at the same time this Court in the earlier judgment dated 16.09.2009 also refrained itself from arriving at any conclusion, which according to the Court was within the realm of the academic authorities and it was not for the Court to substitute its own view on the matter. Interference was done as because there was a conflict between the resolution of the Academic Council of the Gauhati University and that of the provision of the Circular issued by the Director of the Higher Education, Assam, but at the same time such interference cannot lead to a conclusion that all candidates having qualification of M.Sc. in Bio-Technology would now have to be declared to be duly qualified for the post Assistant Professor in Botany and Zoology.

8. In conformity of the view taken by this Court in its earlier judgment dated 16.09.2009 we are of the view that it would be more appropriate for the academic authorities in the respective universities to take their own decision as to whether M.Sc. in Bio-Technology would also be duly qualified for the post of Assistant Professor in Botany and Zoology and it would be inappropriate for the Court to give its own findings on the said question.

9. We have been told that the Hon'ble Supreme Court also its judgment dated 12.10.2020 in Civil Appeal No. 2850/2020 (Anand Yadav & others v. State of Uttar Pradesh & others) had also taken the same view that such questions are better left to be decided by the academic authorities. But at the same time we also cannot be oblivious to the situation that as because the aforesaid issue had not been decided finally by the academic authorities the candidates having qualification of M.Sc. in Bio- Technology would remain in a stage of uncertainty as their eligibility for participating in a selection process for the posts of Assistant Professor in Botany and Zoology is yet to be decided.

10. Considering the matter in its entirety we are of the view for the interest of justice would be met on a direction being issued to the respective Universities i.e. Gauhati University, Dibrugarh University, Tezpur University and Assam University to take a decision through their respective Academic Councils as to whether a candidate having qualification of M.Sc. in Biotechnology would be deemed to be qualified and eligible for participating in a selection process for the post of Assistant Professor in either Botany or Zoology in any of the colleges under the aforesaid Universities.

11. In the absence of any definite decision being taken we are of the view that the respondent Universities are not doing a legal duty entrusted upon them and thereby affecting the legal rights of any such candidates who are left to an uncertain situation because of no decision had been taken on the issue.

12. As the recruitment process is also over and the process cannot be reversed back at this stage, we are of the view that for the present we do not interfere with such process, but we require the respondent authorities to take a definite decision within a period of one month so that in future the Page No.# 6/6

petitioner would be certain of his entitlement as to whether he would be eligible for participating in a selection process for the posts of Assistant Professor in Botany and Zoology upon having the educational qualification of M.Sc. in Bio-Technology.

13. Accordingly, this writ petition stands disposed of by directing the respective Academic Councils of the Universities i.e. Gauhati University, Dibrugarh University, Tezpur University and Assam University to take the aforesaid decision as regards the eligibility of M.Sc. in Bio-Technology to participate in any recruitment for the post of Assistant Professor in Botany and Zoology within a period of six weeks from the date of receipt of certified copy of this order.

14. The issue of eligibility of candidates having M.Sc. in Bio-Technology to participate in any further selection process would now be subject to such decision to be taken by the respective Universities. We provide that in the event the petitioner participates in any such selection process till such decision is taken, his candidature may be provisionally accepted subject to the final decision that the respective Universities may take.

15. Writ petition stands disposed of in the above terms.

JUDGE

Comparing Assistant