MINTU DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. MK Choudhury, learned senior counsel for the petitioners in WP (C) No.1040/2022, Mr. D Mahanta, learned counsel for the petitioners in WP (C) No. 2100/2022, Mr. AR Bhuyan, learned counsel for the petitioners in WP(C) No.2515/2022. Also heard Mr. K Gogoi, learned counsel for the respondents No.2, 3 and 4 being the authorities under the Higher Education Department, Government of Assam and Mr. A Chamuah, learned counsel for the respondent No.5 being the authorities under the UGC as well as Mr. H Gupta, learned CGC for the respondents in the Union of India.

(2.) The petitioners are all master degree holders in different subjects also having the UGC norms like NET, SLET, Ph.D etc., and are of the view that they have the necessary qualifications to be eligible to participate in any selection process for the posts of Assistant Professor in the various colleges. In the present writ petition, we are more concerned with the participation of the petitioners in the selection process for the post of Assistant Professors in the colleges in the State of Assam and the views that may be expressed may not be applicable in respect of the eligibility of the petitioners for any posts of Assistant Professors in any other States.

(3.) Some of the petitioners are stated to be serving in various colleges and other institutes on different terms, but not under a regular employment in any of the colleges under the Higher Education Department of the Government of Assam. It is the stand of the petitioners that all of them had acquired their respective qualifications about 7 to 10 years back. In the circumstance, being duly qualified, they intend to offer their candidature in the selection process that may be undertaken in the Higher Education Department of the Government of Assam. The petitioners are primarily aggrieved by the provisions of the office memorandum dtd. 24/1/2022 of the Higher Education Department of the Government of Assam wherein, amongst others, the distribution of marks to be adopted in a selection process for the posts of Assistant Professors had been provided. The petitioners are particularly aggrieved that in the distribution of marks out of a total of 100, 72 marks are allotted for academic records which includes the marks that may have been obtained in the HSLC, HSSLC, Degre and Master Degree that the petitioners may have been qualified for.