RHITURAJ SAIKIA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Mr. S.K. Medhi, the learned counsel for the petitioner, Mr. S. Saikia, the learned senior standing counsel for Education (Secondary) Department, Assam and Mr. A.D. Choudhury, the learned counsel for the respondent No. 5 & 6/caveators, have agreed that this writ petition could be decided on the question of law without filing of counter-affidavits by the respondents, and were accordingly heard at length on 24-2014 for final disposal at the motion stage itself. The hearing was concluded on that day whereafter the writ petition was adjourned for verdict, and is now being disposed of by this judgment.

(2.) The facts relevant for disposal of this writ petition, as pleaded by the petitioner, may be briefly noticed at the outset. The petitioner completed Master Degree in Physics from Gauhati University in the year 2007 and obtained M.Ph degree from Vinayaka Mission University in June, 2008 and has been working as Lecturer in Physics at Kaliabor College since 1-11-2008. Kaliabor College ("the College" for short) is a venture college which falls within the purview of Section 2(o) of the Assam Venture Educational Institutions (Provincialization of Service) Act, 2011 ("the Act" for short). When the process for provincialization of the College was initiated, the petitioner was found to be qualified for provincialization in the post of Assistant Professor, Department of Physics therein. The maximum number of posts permissible for provincialization in the College under the Act are fifteen, and the name of the petitioner had been included for provinciialization among these fifteen posts as initially published by the respondent No. 2 vide the statement showing the eligibility of posts at Annexure 4, whereas the names of the respondent No. 5 and 6 were shown therein as under-qualified Lecturers of the College for provincialization.

(3.) It is the case of the petitioner that both the respondent No. 5 and 6 ("the two respondents" for short) obtained Ph.D. degree from CMJ University, Meghalya without the mandatory requirement of submitting thesis and without any guide and that all the degrees conferred by the CJM University were subsequently cancelled by the Meghalaya Government as it was run without any affiliation and by grossly violating the rules and regulations of UGC. After publication of the list of teaching staff of the College for provincialization including the name of the petitioner, the two respondents separately filed WP(C) No. 1695/2013 and WP(C) No. 1718/2013 before this Court challenging the legality of the said publication. This Court disposed of the writ petition on 3-1-2014 by directing the respondent No. 2 to pass appropriate order. At this stage, it may be noted that the respondent No. 6 cleared the State Level Eligibility Test (SLET) in the month of March, 2013 and has, therefore, fulfilled the eligibility criteria for the post of Assistant Professor for the first time in the year 2013. However, according to the petitioner, the respondent No. 5 has not acquired the eligibility criteria for the said post till now.