ABDUL BAREQUE MIAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I. H. Saikia, learned counsel, appearing on behalf of the petitioner. Also heard Mr. K. Gogoi, learned standing counsel, Higher Education Department; Mr. B. Gogoi, learned standing counsel, Finance Department; Mr. P. J. Phukan, learned standing counsel, Gauhati University; and Mr. A. Chamuah, learned standing counsel, University Grants Commission(UGC); appearing on behalf of their respective respondents.

(2.) The petitioner, in the present proceeding, has prayed for a direction upon the respondent authorities to provincialize his service as a Principal of South Salmara College with effect from the date the other teaching and non-teaching staff of the said College were so provincialized i.e. w.e.f. 14/8/2013, along with all consequential benefits. The petitioner has also prayed for a declaration that he was qualified to hold the post of Principal of the said College since the date of his initial appointment i.e. w.e.f. 8/8/1988, in terms of the University Grants Commission(UGC) regulation as in force read with the relaxation as provided in the matter of qualification by the State Government vide a Notification, dtd. 5/12/1987.

(3.) As projected in the writ petition, a Governing Body of South Salmara College was constituted in the year 1986. The said Governing Body adopted a resolution on 6/8/1988, to start the first year TDC classes in the said College with effect from the academic session 1988-89. In the said meeting, a further resolution was adopted to appoint the petitioner, herein, as the Principal of South Salmara College along with 9(nine) other teaching staff. Accordingly, the appointment order was issued to the petitioner, appointing him as the Principal of the said College and thereafter, the petitioner joined his service in South Salmara College.