MD. YAMIN HASSAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. RP Sharma, learned senior counsel for the petitioner, and Mr. K Gogoi, learned counsel for the respondents No. 1 and 2 being the authorities in the Higher Education Department of the Government of Assam, Mr. B Konwar, learned counsel for the respondent No. 3 being the University Grants Commission, Mr. PJ Phukan, learned counsel for the respondents No. 4 and 5 being the authorities in the Gauhati University and Mr. C Baruah, learned counsel for the respondents No. 6 and 7 being the authorities in the Governing Body of Pramathesh Baruah College, Gauripur.

(2.) The petitioner Dr. Md. Yamin Hasan had offered his candidature for the post of Principal of Pramathesh Baruah College, Gauripur, pursuant to the advertisement dtd. 12/9/2020, which was published in the local daily newspaper namely The Assam Tribune as well as another news paper namely Asomiya Pratidin.

(3.) In course of the selection process, the authorities in the Governing Body of the Pramathesh Baruah College, Gauripur by the Resolution No.2 dtd. 10/10/2020 resolved that 5 Nos. of applications were received pursuant to the aforesaid advertisement and an unanimous resolution was taken that the 5 Nos. of applications be sent to the Vice Chancellor of the Gauhati University at the earliest for screening and for holding the interview as per the guidelines laid down by the Director of Higher Education Assam. Accordingly, the President of the Governing Body was requested to forward the said decision to the Vice Chancellor of the Gauhati University for his approval and for necessary steps to complete the process of selection. Consequent thereof, the President of the Governing Body by the communication dtd. 12/10/2020, requested the Vice Chancellor of Gauhati University that necessary steps be taken for assessing the API score of the applicants and also to hold the interview for selection of the regular Principal of the College at the earliest. In furtherance thereof, the Academic Registrar of the Gauhati University by the communication dtd. 2/11/2020 informed the President-cum-Principal Secretary, Selection Committee of Pramathesh Barua College Gauripur that upon scrutiny four of the applicants have acquired the requisite API score and have been found eligible as per the UGC Regulations On Minimum Qualifications For Appointment of Teachers and Other Academic Staff in Universities and Colleges and Other Measures for the Maintenance of Standards in Higher Education, 2018 (for short, the UGC Regulations of 2018) and therefore be recommended for appearing before the Selection Committee. It is taken note that five applications were forwarded to the Gauhati University for determining the API score and in response thereof, the Gauhati University had found that four of the candidates have the requisite API score and were declared to be eligible for appearing before the Selection Committee in doing so the petitioner Dr. Md. Yamin Hassan had been left out.