JAYASHREE NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this writ petition, the petitioner is questioning the legality of the selection of the respondent No. 5 by the Selection Board for appointment to the post of Assistant Professor in Chemistry for J.B. College, Jorhat.

(2.) Apparently, the petitioner has impressive academic credentials. She passed her HSLC, HSSC, B.Sc. and M.Sc. in Chemistry and IIT Examination in First Class and obtained PH.D in Chemistry, cleared NET for lectureship in the year 2003 and qualified in graduate aptitude test in Engineering in the year 2004. In response to the advertisement published in the Website of J.B College, she applied for the post of Assistant Professor in Chemistry: she fulfilled UGC norms with NET/SLET/SET. She duly appeared before the Selection Board on 17-5- 2012 and hoped to be selected considering her good performance in the interview. However, the respondent No. 5 was recommended by the Selection Board for the said post whereupon the Governing Body of the College adopted the resolution dated 12-6-2012 resolving to appoint him for the post. The respondent No. 4 thereafter forwarded the name of the respondent No. 5 for his approval, and the same is pending. According to the petitioner, the Selection Board while making distribution of marks to the petitioner intentionally withheld 2 marks for the sub-head "Presentation of Paper in Seminar/Workshop" under the head of "Research Performance" of the candidates though presentation of paper in National level seminar organised by the Department of Chemistry, Indian Institute of Technology, Madras and publication of the abstract were available on record.

(3.) On the other hand, the Selection Board placed the respondent No. 5 in the 1st position with higher consolidated marks of 60.26 and placed the petitioner in the 2nd position with 59.04 marks, which is illegal and contrary to the marks distribution procedure followed in the selection procedure for the post of Assistant Professor or in colleges as per UGC guidelines, 2010 circulated vide the letter dated 13-12-2011 of the respondent No. 2. According to the petitioner, under the said guidelines, the candidates under the head of Research Performance for paper presentation are entitled to get 2 marks for each presentation of paper in International/National Seminar/Workshop subject to the maximum of 5 marks, but the Selection Board did not take into account her presentation of paper in National Level seminar organised by the Department of Chemistry, IIT, Madras and her participation certificate issued by the competent authority with relevant extracts and deliberately omitted to give 2 marks with a view to favour the respondent No. 5. It is contended by the petitioner that both the recommendation of the Selection Board and the resolution of the Governing Body for the appointment of the respondent No. 5 for the said post are vitiated and cannot be sustained in law.