DHANASHREE KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. TJ Mahanta, learned senior counsel for the petitioner, Mr. M. Sarma, learned counsel for the college authorities in the Barama College, Mr. P. Bharadwaj, learned counsel for the respondent No. 6 Dr. Madhab Sutradhar, who is stated to be selected in the selection process, Mr. B Choudhury, learned counsel for the authorities in the Education Department of the BTC and Mr. D Upamanyu, learned counsel for the respondents in the Higher Education Department, Government of Assam.

(2.) The petitioner Dhanashree Kalita and the respondent No. 6 Dr. Madhab Sutradhar both participated in a selection process for the post of Assistant Professor in Assamese in the Barama College as per the advertisement dtd. 7/11/2022. The advertisement provides that the required qualification would be as provided in the Office Memorandum No. AHE.239/2021/68 dtd. 24/1/2022. The Office Memorandum dtd. 24/1/2022, amongst others, provides the educational qualification as extracted:-

(3.) A reading of the prescribed qualification makes it discernible that nowhere it is provided that if any of the candidates have Ph.D degree over and above the other qualification, such candidate would be preferred and selected over all other candidates even if the other candidates in the selection otherwise gets more marks than the candidate having Ph.D. But, however, as per the consolidated statement of presentation and interaction under the signature of the Members of the selection committee, it had been provided that Dr. Madhab Sudradhar had been selected and recommended for appointment as Assistant Professor in the Department of Assamese and that he is a qualified Ph.D degree holder and the college needs a Ph.D degree holder candidate.