JAHANGIR ALOM Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY this common judgment and order, I propose to dispose of two writ petitions, namely, WP(C) 2671 of 2010 and WP(C) 3182 of 2010, because both these writ petitions have arisen out of the one and the same selection process, involving the same post, and the decision, in any one of these two writ petitions, may have a bearing and impact on the decision of the other one.

(2.) PURSUANT to an advertisement, published on 26.05.2009, inviting applications to fill up a sanctioned post of lecturer, amongst others, in Arabic, in B.N. College, Dhubri (hereinafter referred to as the 'respondent College'), the present writ petitioners, namely, Md. Jahangir Alom [petitioner in WP(C) No. 2671 of 2010], and Md. Nurul Amin Sheikh, Md. Asraf Ali and Md. Atowar Rahman [petitioners in WP(C) No. 3182 of 2010], being qualified, applied for appointment to the said post of lecturer of Arabic.

(3.) THEREAFTER, respondent No. 4, namely, Principal of the College, wrote a letter, on 30.07.2009, to the English and Foreign Languages University, which is a Central University, established by an Act of Parliament, seeking a clarification if Md. Jahangir Alom (i.e., the petitioner in WP(C) 2671/2010), had been awarded Degree of M. Phil and Ph.D from the said University. In response to the letter, dated 30.07.2009, of respondent No. 4, the Registrar of the said University clarified that Md. Jahangir Alom (i.e. the petitioner in WP(C) No. 2671 of 2010), had, indeed, obtained M. Phil and Ph. D. Degree from the said University. The clarification, which the respondent No. 4 had sought for, was, in fact, in respect of an expression, which stood inscribed in the Degree produced by Md. Jahangir Alom. The Ph.D. Degree, which had been produced by Md. Jahangir Alom, used the words "Admitted to the Degree of M. Phil" and "Admitted to the Degree of Ph.D". By his letter, dated 30.07.2009, respondent No. 4 wanted to know if "Admitted to the Degree of M. Phil or Ph. D" meant that the person was a degree holder of the said University or whether he had been merely admitted for obtaining degree of M. Phil. or Ph.D., as the case may be' By its letter, dated 11.08.2009, the Registrar of the said University clarified that the expression, "Admitted to the Degree of M. Phil or Ph. D." is a standard expression, used for a degree holder of a University, and like many other Universities, the English and Foreign Languages University, which is a Central University, established under the Act of Parliament, also grants M. Phil or Ph. D, as the case may be, by using the expression, "Admitted to the Degree of M. Phil or Ph. D.", as the case may be.