Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 4 Ors on 11 February, 2025
Page No.# 1/6
GAHC010131442023
2025:GAU-AS:1439-
DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/224/2023
DILIP BAHADUR DHAMAI
S/O- LT. BISHNU BAHADUR DHAMAI, R/O- COLLEGE ROAD, WARD NO.13,
P.O. AND P.S. HAILAKANDI, DIST.- HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
TO BE REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM, HIGHER
EDUCATION DEPTT., DISPUR, GHY-06
2:THE DIRECTOR OF HIGHER EDUCATION
ASSAM KAHILIPARA GHY-19
3:THE DY. DIRECTOR OF HIGHER EDUCATION
ASSAM KAHILIPARA GHY-19
4:THE PRINCIPAL SRIKISHAN SARDA COLLEGE
HAILAKANDI
P.O. P.S. HAILAKANDI
DIST.- HAILAKANDI
ASSAM PIN- 788151
5:THE GOVERNING BODY OF SRIKISHAN SARDA COLLEGE
HAILAKANDI TO BE REP. BY ITS PRESIDENT C/O PRINCIPAL CUM
SECRETARY S.S. COLLEGE
P.O. HAILAKANDI
P.S. AND DIST.- HAILAKANDI
ASSAM PIN- 78815
Advocate for the Petitioner : MR. H A TALUKDAR, MR. K MIRA
Advocate for the Respondent : SC, HIGHER EDU,
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BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
Date of hearing : 11.02.2025
Date of Judgment & Order : 11.02.2025
JUDGMENT & ORDER (ORAL)
(N. Unni Krishnan Nair, J.)
Heard Mr. K. Mir, learned counsel appearing on behalf of the
appellant. Also heard Mr. D. Upamanyu, learned standing counsel, Higher
Education Department, appearing on behalf of all the respondents.
2. The appellant, herein, by way of instituting the intra-Court appeal,
has presented a challenge to an order, dated 25.01.2023, passed by the
learned Single Judge in WP(c)311/2023.
3. The brief facts requisite for adjudication of the issue arising in the
present proceeding, is noticed as under:
The appellant, herein, who was working a Laboratory Bearer in
Srikishan Sarda College, Hailakandi, had initially approached the writ Court
by way of instituting a writ petition being WP(c)2621/2017, praying for a
direction upon the respondent authorities for consideration of his case for
promotion to the cadre of Junior Assistant. The writ Court vide order, dated
24.01.2020, was pleased to dispose of the said writ petition, directing the
authorities of Srikishan Sarda College, Hailakandi, to consider the case of
the appellant, herein, along with other eligible candidates, for promotion
against the vacant post of Junior Assistant if the aforesaid post falls under
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promotional quota as per Rule. Thereafter, it is seen that the authorities of
Srikishan Sarda College, Hailakandi, had conducted a selection in the
matter and the Departmental Promotion Committee(DPC) so constituted,
had, in its meeting held on 20.02.2021, proceeded to recommend the case
of the appellant, herein, for promotion against a post of Junior Assistant
lying vacant in the said College.
The said recommendation of the Departmental Promotion
Committee(DPC) of the Srikishan Sarda College, Hailakandi, was approved
by the Governing Body of the said College, in its meeting held on
18.03.2021, and accordingly, the matter was forwarded to the Director,
Higher Education Department, Assam, for approval. The Director, Higher
Education Department, Assam, upon consideration of the matter, vide
communication, dated 15.12.2022, proceeded to reject the proposal so
submitted by the College authorities for promotion of the appellant to the
post of Junior Assistant on the ground that he did not possess the
prescribed qualification for being considered for such promotion.
Being aggrieved, the appellant, herein, had approached the writ Court
by way of instituting a writ petition being WP(c)311/2023. The learned
Single Judge after considering the issue arising in the proceeding, was
pleased vide order, dated 25.01.2023, to dismiss the said writ petition
holding that the appellant not possessing the educational qualification as
prescribed for being considered for promotion to the post of Group C in
terms of the Guidelines as notified vide the Notification, dated 09.02.2017;
the order, dated 15.12.2022, passed by the Director, Higher Education
Department, Assam, would not call for any interference.
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4. Mr. Mir, learned counsel for the petitioner, has submitted that the
prescription of eligibility criteria in the Guidelines as notified vide the
Notification, dated 09.02.2017, for the post of Junior Assistant in a
provincialized College of the State, would not be mandated to be so applied
in case of promotion to the post of Junior Assistant, in-as-much as, the said
Guidelines as notified vide the Notification, dated 09.02.2017, would only
be applicable in respect of direct recruitment to the post, in question.
5. Mr. Mir, learned counsel, has further submitted that the Assam College
Employees(Provincialization) Rules, 2010, does not mandate any eligibility
criteria requisite to be possessed for being considered for promotion to the
post of Junior Assistant from the cadre of Laboratory Bearer/Library
Bearer/ Grade-IV.
6. Mr. Mir, learned counsel for the appellant, has, however, not been able
to highlight as to the eligibility criteria requisite to be mandated, to be
possessed by an incumbent in the post of Laboratory Bearer/Library
Bearer/Grade-IV for being considered for promotion to the post of Junior
Assistant.
7. The materials brought on record in the instant writ appeal also
contain a seniority list of the incumbents in the cadre of Grade-IV in
Srikishan Sarda College, Hailakandi, as on 02.08.2021. A perusal of the
said seniority list would go to reveal that there are 3(three) more
incumbents in the cadre of non-teaching staff who are senior to the
appellant, herein. However, their cases have not been so considered for
promotion to the next higher cadre.
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8. In the event, the contention of the learned counsel for the appellant
that the Guidelines as notified vide the Notification, dated 09.02.2017, for
recruitment to the Group C post in a provincialized College of the State, is
not applicable and it not having been demonstrated before this Court that
there was a prescription of the qualification by the respondent authorities;
the appellant, herein, would still not be entitled to be promoted to the
cadre of Junior Assistant, in-as-much as, in terms of the seniority list
brought on record; there are 3(three) persons, senior to the appellant
existing in the non-teaching staff in the cadre of Laboratory Bearer/Library
Bearer/Grade-IV, in Srikishan Sarda College, Hailakandi, whose cases would
also then be required to be so considered.
9. The provisions of the Assam College Employees (Provincialization)
Rules, 2010, more particularly, the provisions of Rule 5 of the said Rules of
2010, mandates that the post of Lower Division Assistant/Laboratory
Assistant/ Library Assistant shall be filled up by direct recruitment as well
as from the cadre of Laboratory Bearer/Library Bearer/Grade-IV, having
qualification as prescribed in the ratio of 75:25. The respondent authorities
having laid down the qualification for recruitment to the post of Lower
Division Assistant(now rechristened as Junior Assistant)/Laboratory
Assistant/Library Assistant, vide the Guidelines as notified by the
Notification, dated 09.02.2017; the learned Single Judge having held that
the same would also be applicable in case of recruitment to the post of
Junior Assistant from the cadre of Laboratory Bearer/Library Bearer/Grade-
IV, no material having been brought on record by Mr. Mir, learned counsel
for the appellant, to dispute such conclusion reached by the learned Single
Judge in the order, dated 25.01.2023, passed in WP(c)311/2023, we are
not persuaded by the learned counsel for the appellant, to take a contrary
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view than that was so taken by the learned Single Judge vide order, dated
25.01.2023, in WP(c)311/2023.
10. In that view of the matter, we are of the considered view that the
order, dated 25.01.2023, passed by the learned Single Judge, in
WP(c)311/2023, would not mandate any interference and accordingly, the
instant writ appeal is held to be bereft of any merit and consequently, the
same is hereby dismissed.
11. No costs.
JUDGE CHIEF JUSTICE
Comparing Assistant
