KUNTALA PATRA Vs. GAUHATI UNIVERSITY

JUDGEMENT

(1.) This Writ Appeal has been filed against the judgment and order dated 19.8.94 pased in Civil Rule No. 2042 of 1994 by the learned Single Judge dismissing the Civil Rule.

(2.) The case of the appellant, in brief, is as follows: The appellant was working as Lecturer in the department of Mathematics in Gauhati University. Her academic career was uniformly good. She had continuous teaching experience as Lecturer for a period of 14 years. She obtained her Master Degree in Science (Mathematics) from Gauhati University in the year 1978 securing 1st position in that discipline. She worked as a Research Fellow in the department of Mathematics of the Gauhati University for more than 2 years. Thereafter, she obtained Doctorate Degree (Ph.D.) from the Gauhali University in 1986. Besides, she published several works and submitted papers in various conferences of national level. She was appointed Lecturer in the Assam Engineering College at Jorhat on the basis of selection made by the authority and she worked in that post for a year. Therafter, she was transferred and posted as Lecturer in the Assam Engineering College, Guwahati. Till May, 1990 she worked in that capacity. Later, she joined in the department of Mathematics, Gauhati University as Lecturer on being selected. Since then she has been working in that capacity. The Registrar, Gauhati University respondent No.2 issued Annexure- 1 advertisement and published in the Assam Tribune on 21st June, 1993 inviting applications for filling up various posts including one post of Reader in Mathematics. In response to the said Annexure-1 advertisement, the appellant along with three others including the 4th respondent submitted their applications. In the advertisement it was specifically mentioned that specialisation in Pure Mathematics preferably in Algebra Tropology and functional analysis was necessary. Apart from this no other detail was given regarding qualification. An interview was held for the post of Reader of Mathematics on 3.9.94. Thereafter, the Selection Board prepared a select list in which the names of the 4th respondent and appellant were placed at Serial Nos. 1 and 2 respectively. The said select list was forwarded to the Executive Council of the University and the Council approved the said selection. After approval of the selection by Annexure-3 order dated 30.5.94, the 4th respondent was offered the post of Reader in Mathematics. According to the appellant, the eligibility criteria laid down in the advertisement were in sharp contrast to the eligibility conditions prescribed by the Regulations. Under the Regulations for the post of Reader, minimum 8 years' teaching experience was necessary. However, the Gauhati University prescribed minimum 5 years' experience with power to relax the said requirement in case of candidates with outstanding research work. According to the appellant, she passed M.Sc in 1988 and obtained her Ph.D. in 1992. On the date the 4th respondent submitted her application she did not have even one year's teaching experience. The 4th respondent had also no published work to her credit. Therefore, the 4th respondent was not qualified to apply for the post of Reader in terms of eligibility conditions laid down in the Regulations. Being aggrieved, Jhe appellant approached this Court by filing the writ application (Civil Rule No. 2042 of 1994),

(3.) In the writ application the appellant prayed for a writ in the nature of Mandamus or any other appropriate writ or direction for quashing the qualification criteria fixed by the Gauhati University and also the appointment letter dated 30.5.94. The said writ application was heard by learned Single Judge and after hearing, by order dated 19.8.94 the Civil Rule was dismissed. Hence the present appeal.