PREMCHANDRALAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr A. Roy, learned senior counsel for the petitioner and Mr A.K. Phukan, learned senior counsel for the respondents.

(2.) The petitioner Dr. Prem Chandra Lai joined as lecturer in the Department of Chemistry of Madhab Choudhury College, Barpeta which later on came under deficit system of Grant-in-aid and as such.governed by the Assam Aided College Management Rules, 1976, for short 'the Rubs". The petitioner joined the said college in the year 1965 and he became the Head of the Department of Chemistry in 1973. The respondent No. 7, on the other hand, joined as lecturer in Chemistry in the year 1971 and as such he was junior to the petitioner in the seniority list of the teachers of the: college. Both the petitioner and the respondent No. 7 were selected by the State Selection Board in the panel for Principal in deficit system of Grand-in-aid colleges.

(3.) On 17.8.1997, applications were invited for selection and appointment to the post of Principal of Madhab Choudhury College, Barpeta and the petitioner, respondent No. 7 and others offered their candidature. After the selection process, the respondent No. 7 was recommended for the post at serial No. 1. In this writ petition, the petitioner has challenged the above selection and also the relevant rules which do not provide any benefit regarding seniority. The competent authority had issued guidelines on 17th June, 1972 laying down the procedure to be followed for selestion of candidates for appointment to the post of Principal, lecturer etc. in the Govrt. aided colleges under the Deficit-system of grand- in-aid. In the case, the composition of the Selection Committee has not been seriously challenged as the said Selection Committee was constituted as per the Govt. guidelines. The first grievance of the petitioner is that the Selection Committee had no jurisdiction or power to add or supplement the guidelines and in case any contingency is not provided for in the said guidelines, the Selection Committee was not empowered to depart from the norms. As per the circular dated 17.6.1992, the markings are to be made as under:- <FRM>JUDGEMENT_624_GAULT3_2000Html1.htm</FRM>