TARINI PATHAK Vs. GAUHATI UNIVERSITY

JUDGEMENT

(1.) The Gauhati University issued advertisement for filling the post of Lecturer, Criminal Law and Criminology, in the department of Law vide Annexure -P/2. The requisite qualification for the post of lecturer is mentioned as Post Graduation with good academic record with at least 55% marks or equivalent grade of B in the 7 point scale with letter grades O, A, B, C, D, E and F at the Master's degree level in the relevant subject from an Indian university or equivalent degree from foreign university. The candidate should also have cleared NET conducted by the UGC, CSIR or similar test accredited by the UGC. The candidates, who have completed M. Phil degree before 31st December, 1993, or submitted Ph.D thesis in the concerned subject within 31st December, 2002, are exempted from the requirement of NET/SLET or similar test for the post of lecturer.

(2.) The petitioner applied for the post. Besides the petitioner, two others also applied for the post. The Selection Committee held the interview. The Selection Committee selected the petitioner and recommended his name to the Executive Council. The Executive Council did not agree with the selection on the ground that the petitioner does not have uniformly consistent good academic record and, thus, rejected the selection and directed the Registrar to initiate process for fresh appointment. The petitioner, aggrieved by the said rejection, has filed this writ petition.

(3.) The counsel appearing for the University, vide Annexure -VI, has given the comparative table of performance of the petitioner and as well of one Dr. Bhupesh Malla Buzar -baruah, who also participated in the interview. The said comparative statement of merit assessment of the petitioner and the other candidate is as follows: