MRINALIKAGYUING Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner completed her Post Graduation in Assamese from Dibrugarh University in the year 2002 securing 56.38% marks. She also cleared the National Eligibility Test in the year 2001 as prescribed by the University Grants Commission as an essential qualification for appointment to the post of Lecturer. The Governing Body of Nanda Nath Saikia College published an advertisement calling for applications from S.T.(P),S.T.(H) and S.C. candidates having U.G. C. norms for consideration for appointment to the post of Leeturer in various subjects including Assamese. The petitioner along with other applicants including the private respondent, namely, Smti. Jitamoni Das applied in pursuance of the advertisement. The petitioner appeared before the Selection Board on 21.4.2003 along with other applicants. The petitioner was the sole NET qualified candidate and was expecting selection for appointment. But on enquiry, the petitioner came to know that the private respondent was selected and the Governing Body of the college was contemplating to forward a proposal to the Director of Higher Education for prior approval as is required under the rules. The petitioner immediately submitted an application before the Director pointing out the anomalies and, on receipt thereof, the Director informed the Principal of the College to place the matter before the Governing Body since NET is a compulsory requirement. The college authority again by the letter dated 27.5.2003 forwarded the name of the private respondent for approval for appointment. The action of the College authority is in violation of the Government rules and UGC guidelines and contrary to the directions given by the director of Higher Education that NET is an essential qualification for a candidate for appointment to the post of Lecturer in colleges receiving grant -in-aid.

(2.) The principal of the College in his affidavit-in-opposition dated 22.3.2004 submitted that he had received an application submitted by the petitioner with note from the Director of Higher Education, Assam and placed the same before the concerned authority on 28.6.2003. The principal also admitted in para 4 of the affidavit-in-opposition that the State of Assam has directed the College authorities to follow the UGC guidelines. The Principal, as in appears in his brief affidavit, did not mention anything about the selection of the private respondent. No other affidavit has been filed by any other respondent in this case.

(3.) This Court while issuing notice of motion by the order dated 10.6.2003 directed the Director of Higher education to accord approval for appointment to the post of Lecturer in Assamese strictly in accordance with the position of the candidates in the merit list provided they fulfill the requisite qualification including clearance of National Eligibility Test as per UGC guidelines. Trie minimum qualification prescribed by the UGC vide NotificationNo.F.l-ll/87(CPP) dated 19.9.91 is as follows: "Good academic record with at least 55% marks or an equivalent grade at Master's degree level in the relevant subject from an Indian University or an equivalent degree from a foreign University. Candidates besides fulfilling the above qualifications should have cleared the eligiblity test for lecturers conducted by UGC, CSIR or similar test accredited by the UGC."