LEENA B DAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. S. S. Dey, learned counsel appearing for the appellant (writ petitioner). Mr. V. M. Thomas, learned Standing Counsel for the Education Department appears for respondents 1 and 2. The respondents 3, 4 and 5 are represented by Mr. B. Chakraborty. None appears for the private respondent.

(2.) RELEVANT FACTS In pursuant to the advertisement dated 14.2.2004 issued by the Gauhati Commerce College (hereinafter referred to as "the College") for filling up, inter alia, two posts of lecturer in Accountancy and Commerce, the appellant and the respondent No. 6 along with others offered their candidature. Thereafter selections were held and the private respondent No. 7 Dr. Pranjit Kumar Nath was placed at Sl. No. 1 in the Select List whereas the writ petitioner was placed at Sl. No. 2. The Governing Body of the College approved the recommendation of the Selection Committee and sought approval of the Director of Higher Education (DHE) for giving appointment to the selected candidates. At that stage, the selection of the private respondent was assailed through WP(C) No. 5962/2004 filed by the present appellant and WP(C) No. 6898/04 filed by another writ petitioner.

(3.) MR. S.S. Dey, learned counsel for the appellant (writ petitioner) submits that since the eligibility ctiteria have been prescribed earlier through the advertisement dated 14.2.2004, the exemption subsequently granted by the UGC and notified by the Assam Government on 28.10.2004 (Annexure-5), shouldn't enable consideration of the candidature of the private respondent without the NET/SLET qualification as these qualifications are compulsory requirement for applying for the post of lecturers. 5.2 It is further contended that on the basis of a Ph.D. degree, double benefit cannot be claimed by a candidate and if the essential eligibility qualification of NET/SLET is exempted for Ph.D. degree holders, such candidate should not be granted a second benefit because of the Ph.D. degree, by awarding of 10 marks in the evaluation process as has been prescribed in the Government selection guidelines of 20.2.2003. 5.3 MR. Dey also submits that in the writ petition i.e. WP(C) No. 3373/2005 filed subsequently, the marking pattern stipulated through Notification dated 20.2.2003 for allotment of 10 marks for Ph.D. degree holders are being challenged to provide equal opportunity for candidates with NET/SLET vis-a-vis those having Ph.D. degree without NET/SLET qualification.