NAKUL PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the selection of the respondent No. 5 as Lecturer in Commerce in Karimganj College in the District of Karimganj, Assam. The post involved is the Lecturer in Commerce (Management). According to the petitioner, the respondent No. 5 is under qualified to hold the post as he does not have M. Com. degree in Management.

(2.) The petitioner is an M. Com. in Management group which he obtained from Gauhati University. He has also cleared the State Level Eligibility Test (SLET). The Principal of Karimganj College published an advertisement in the issue of Assam Tribune dated 15.3.2008 inviting applications from the qualified candidates, amongst others for the post of Commerce (Management) reserved for OBC/MOBC. In response to the said advertisement, the petitioner and others including the respondent No. 5 offered their candidatures. The selection committee recommended the respondent No. 5 and the petitioner respectively in order of merit. Such recommendation was in the selection committee meeting held on 27.5.2008 (Annexure-5). Thereafter the managing committee of the college resolved to appoint the respondent No. 5 being the first nominee vide resolution No. 8 dated 28.5.2008. Since prior approval of the Director of Higher Education, Assam was to be obtained as per Rules, the resolution adopted was along with the records to the Director of Higher Education for his prior approval. It appears that the Director of Higher Education by his Annexure-H letter dated 25.6.2008 addressed to the Principal of the college called for the mark sheets from TDC onward in respect of the respondent No. 5. It was at that stage the writ petition was filed on 4.8.2008 challenging the very selection of the respondent No. 5.

(3.) The writ petition was entertained by order dated 6.8.2008 and an interim order was passed that if in the meantime the Director of Higher Education, Assam had not accorded the approval to the recommendation, of the Governing Body of the college vis-?-vis the respondent No. 5, same should not be done till the next date fixed. From the materials on record, it appears that the prior approval was accorded by the Director of Higher Education vide his AnnexureR/4 letter dated 5.8.2008. Conditional interim order having been passed on 6.8,2008, prior approval accorded on 5.8.2008 already stood operated.