Y. MONOJIT SINGHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This order will dispose of both the writ petitions.

(2.) Heard Mr. D Das, learned Senior Counsel assisted by Mr. JUNM Laskar for the petitioner in WP(C) No. 951/2018. Also heard Mr. B D Das, learned Senior Counsel assisted by My. B. Purkayastha for the petitioner in WP(C) No. 3620/2018. The petitioner in WP(C) No. 3620/2018 is the respondent No. 6 in WP(C) No. 951/2018 and likewise, the petitioner in WP(C) No. 951/2018 is the respondent No. 5 in WP(C) No. 3620/2018.

(3.) Brief facts of the case is that an Advertisement dtd. 23/12/2015 was floated by the Principal-in-Charge, Cachar College, Silchar for filling up of one post of Assistant Professor in Political Science (Unreserved) in the said College apart from similar posts in other subjects. The petitioner in both the writ petitions and others who applied for the said post underwent the selection process by submitting their documents and testimonials as was required. The constituted Selection Committee then prepared a comparative statement which contained marks obtained by each of the applicants and the petitioner in WP(C) No. 3620/2018 was shown to have secured the highest marks with a total of 62.92 marks. As for the petitioner in WP(C) No. 951/2018, he was shown to have secured the 3rd highest marks by scoring 58.11 marks. The petitioner in WP(C) No. 951/2018 upon coming to learn about the same through an RTI application submitted by him and being aggrieved, filed a complaint petition dtd. 28/9/2016 before the Governing Body of the College with a copy to the Director Higher Education, Assam (DHE) claiming that he is entitled to be given 5 marks under the heading "teaching experience" as per Office Memorandum dtd. 25/6/2012. The DHE then vide his letter dtd. 5/12/2016 directed the Principal of the College to place the matter again before the Selection Committee by stating that the Office Memorandum dtd. 14/8/2015 had already been withdrawn and therefore, the Office Memorandum dtd. 25/6/2012 where there was no mention about teaching experience to be confined to those who acquired eligibility being revived, the same will be applicable.