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2008 DIGILAW 784 (GAU)

Sangeeta Baruah Saikia v. State of Assam

2008-11-11

AMITAVA ROY

body2008
JUDGMENT Amitava Roy, J. 1. A writ of certiorari has been sought for to annul the resolutions dated 4.12.2005 and 12.9.2006 of the Governing Body of the Digboi College, Digboi (hereafter referred to as the College) to convert the post of Lecturer in Bengali Department to that of in the Computer Application Department in supersession of the order dated 10.1.2005 of the Director of Higher Education, Assam ('the Director'), approving the earlier resolution dated 13.2.2001 of the said body deciding to convert the post of Lecturer in the Bengali Department to that of in the Geography Department of the College. An appropriate writ has also been prayed for to injunct approval of the impugned resolutions and direct regularization of the petitioner's services as Lecturer in Geography in the aforementioned institution. This Court while issuing notice on 22.12.2006 left the respondents at liberty to act upon the resolution dated 13.2.2001. 2. I have heard Mr. D.K. Saikia, Learned Counsel for the petitioner and Mr. U.K. Goswami, learned State Counsel for the departmental authorities. Also heard Mr. M.Z. Ahmed and Ms. B. Dutta, Advocates for the College. 3. Reference to the pleadings of the parties is indispensable as the same would provide the factual foundation generating the competing submissions. The petitioner has averred that she is a post graduate in Geography from Gauhati University with 59.2% marks at that level and was at all relevant times possessed of the prevalent University Grant Commission norms (hereinafter also for short referred to as the UGC). She applied in response to an advertisement published by the Principal of the College inviting applications from intending candidates with latest UGC norms amongst others, for the post of Lecturer in Geography. On the completion of the related selection process, she was appointed as above, on ad-hoc basis at a consolidated pay of Rs. 1,500 per month w.e.f. 1.1.2000. The petitioner, accordingly, joined her office and claims to be rendering her services to the satisfaction of all concerned since then. As the College, was functioning without regular sanction posts in various departments including that of Geography and Computer Science, the authorities thereof, approached the departmental functionaries for sanction of adequate number of posts to tide over the shortage of staff. As the College, was functioning without regular sanction posts in various departments including that of Geography and Computer Science, the authorities thereof, approached the departmental functionaries for sanction of adequate number of posts to tide over the shortage of staff. The Special Body of the College in this background, in its meeting held on 13.2.2001 resolved to convert a sanctioned post of Lecturer in Bengali Department to that of in the Geography Department and forwarded the said resolution to the Director of Higher Education, Assam on 5.3.2001 for his approval. As the departmental authority appeared to be lukewarm in the matter in spite of several reminders, the petitioner approached this Court with WP(C) No. 2536/2004, which was disposed of on 6.4.2004, leaving the above State authority at his discretion to take a decision on the issue. The petitioner was also granted liberty to submit a representation in connection therewith. It was, thereafter, that the Director on 10.1.2005 accorded his approval to the resolution No. 6(a) dated 13.2.2001 of the Special Body of the College converting a post of Lecturer in Bengali Department to that of in the Geography Department. The petitioner has stated that by way of sudden turn of events, the Governing Body of the College in its meeting held on 4.12.2005 resolved to divert the post of Lecturer in the Department of Bengali to the Department of Computer Application instead of Geography. The petitioner has alleged that with the induction of new management in the College, the Governing Body in office in the changed circumstances assumed a vindictive attitude against her and adopted a resolution in its meeting dated 12.9.2006 also to above effect and decided to forward the same to the Director of Higher Education, Assam for his approval by recalling his earlier order dated 10.1.2005. By the said resolution, it was resolved to offer one vacant post of Lecturer in the Department of Philosophy to the petitioner during the Session 2007-2008. Apprehending that the order dated 10.1.2005 of the Director of the Higher Education, Assam, would be recalled and instead the impugned resolutions dated 4.12.2005 and 12.9.2006 would be approved, the petitioner is before this Court for redress. 4. Apprehending that the order dated 10.1.2005 of the Director of the Higher Education, Assam, would be recalled and instead the impugned resolutions dated 4.12.2005 and 12.9.2006 would be approved, the petitioner is before this Court for redress. 4. The Director, in his affidavit, while affirming that the petitioner has been serving as a Lecturer in Geography Department against a non-sanctioned post in the College, has confirmed about the resolution dated 13.2.2001 proposing conversion of the post of Lecturer in the Department of Bengali to one in the Department of Geography and his approval thereof. The answering respondent also maintained that the Government vide Memo No. AHE-223/2004/51 dated 10.12.2004 had accorded its concurrence to initiate 1st Year classes in 3 years degree course level in the Department of Geography of the College in the Arts and Science stream for the Session 2001-02, for which a sanctioned post of Lecturer in the said Department is essential. He, however, expressed his ignorance about the petitioner's eligibility as a lecturer of a Deficit-Grant-in-Aid College qua the required norms prescribed by the UGC. The Governing Body of the College as well as the Principal-cum-Secretary thereof, respondent Nos. 3 and 4 have, in their joint affidavit, while admitting the petitioner's appointment to the post of Lecturer in Geography on ad-hoc basis w.e.f. 1.1.2000, have categorically averred that she is not entitled to hold a regular post of Lecturer in a Degree College, she being neither qualified in the NET/SLET nor possessed of M. Phil/Ph.D degree, which are peremptory qualifications under the relevant Rules framed by the UGC and the Government of Assam. They have questioned the sustainability of the resolution dated 13.2.2001 amongst others, on the ground that the same is vitiated by bias, as the relevant meeting of the Special Body of the College had been presided over by the petitioner's husband. They have insisted that at that point of time, Geography was not even introduced as a subject of teaching in the College, the permission of the Dibrugarh University to do so and the Government's concurrence in that regard having been granted on 3.8.2002 and 10.12.2004 respectively. They have denounced the said resolution also to be in contravention of the Office Memorandum No. B(2)H 97/2003/135 dated 12.10.2004 and the Police WT, REG No. 233, NR-3453/55 dated 23.5.2007 imposing ban on conversion/regularization of Lecturers against vacant sanctioned posts w.e.f. 12.10.2004. They have denounced the said resolution also to be in contravention of the Office Memorandum No. B(2)H 97/2003/135 dated 12.10.2004 and the Police WT, REG No. 233, NR-3453/55 dated 23.5.2007 imposing ban on conversion/regularization of Lecturers against vacant sanctioned posts w.e.f. 12.10.2004. Denying the allegation of vindictiveness alleged by the petitioner, the answering respondents have asserted that the Governing Body of the College as far back on 26.6.2003 adopted a resolution to urge upon the Director of Higher Education, Assam not to approve the transfer of posts of Lecturer in the Bengali and Assamese Departments to those in Geography and Computer Application Departments, for which an application was also submitted on behalf of the College on 1.12.2006 before the said authority. According to them, the impugned resolutions have been adopted on a correct assessment of the contemporaneous facts and that the petitioner is not entitled to any relief on the basis of the resolution dated 13.2.2001, which is ex-facie, illegal and partisan in nature. 5. In her affidavit-in-reply, the petitioner while reiterating her eligibility in terms of the norms in force at the time of her induction in service, has insisted that necessary steps, in fact, had been taken by the authorities of the College for introduction of Geography in the College before the resolution dated 13.12.2001 and that the plea of the respondent Nos. 3 and 4, contrary thereto, is untenable on facts. By an additional affidavit, the petitioner has brought on records various correspondences of the departmental authorities with regard to introduction of Geography in the College, parameters for conversion of posts of Lecturers in Deficit-Grant-in-Aid Colleges and regularization of the services of Lecturers in non-sanctioned posts thereof as well as the resolution dated 4.12.2005 of the Governing Body. 6. Mr. Saikia, has argued that the Governing Body of the College having on an appropriate analysis and evaluation of all relevant facts resolved to transfer the post of Lecturer in Bengali Department to the Geography Department for regularization of the services of the petitioner and the Director of Higher Education; Assam having duly approved the same, there is no conceivable or scriptable reason or justification for the College authorities to abstain from taking the necessary follow up steps and, therefore, it is a fit case, where an appropriate writ and/or direction ought to be issued to redress her (petitioner) grievances. According to the learned Counsel, the impugned resolutions are ex-facie, illegal, arbitrary, unfair and unjust and the same not having been endorsed by the Director, the College authorities are obliged in law to act in terms of the order of approval dated 10.1.2005 and extend all consequential reliefs to the petitioner. Mr. Saikia, on instructions, has submitted that the petitioner has been at all relevant times eligible in terms of UGC as well as Government norms for being appointed as a Lecturer of a Deficit-Grant-in-Aid College of the State. According to the Learned Counsel the plea of ban founded on the communication dated 12.10.2004 and the WT Message dated 23.5.2007 is, per se, untenable as the same are inapplicable vis-à-vis the Lecturers appointed against non-sanctioned posts in the Deficit-Grant-in-Aid Colleges of the State prior to 12.10.2004 like the petitioner. To reinforce his arguments, the Learned Counsel has placed reliance on the decisions of this Court in Shri Mohendra Patgiri v. G.B. North Kamrup College 1995 (3) GLT 460, Surendra Kumar Das and Ors. v. State of Assam and Ors. (2001) 1 GLR 208, Bani Das Purkayastha v. State of Assam and Ors. 2001 (1) GLT 90 and State of Manipur v. Arambam Kameshwar Singh 2004 (2) GLT 718. 7. Mr. Goswami, while abiding by the pleaded stand of the Director, has submitted on instructions that the ban on appointment and regularization of lecturers in non-sanctioned posts in the then Deficit-Grant-in-Aid Colleges (non-provincialised) as per the Government communication dated 12.10.2004 and the Police Radiogram dated 23.5.2007 is not invocable against those appointed as such before 12.10.2004. The learned State Counsel has further submitted that in terms of the Government Notification No. 6(2)II.295/2002/14 dated 3.8.2006, M. Phil degree is one of the recognized criteria of eligibility for appointment of a Lecturer for both in Grants-in-Aid as well as provincialised colleges of the State. 8. As against this, Mr. Ahmed, has urged that the meeting dated 13.2.2001 of the Special Body of the College, in which the resolution of the even date had been taken having been presided over by the husband of the petitioner, it is vitiated by bias and on that ground alone, the petitioner's claim for regularization on the basis thereof is liable to be rejected. Ahmed, has urged that the meeting dated 13.2.2001 of the Special Body of the College, in which the resolution of the even date had been taken having been presided over by the husband of the petitioner, it is vitiated by bias and on that ground alone, the petitioner's claim for regularization on the basis thereof is liable to be rejected. The Learned Counsel insisted that the petitioner is deficient in academic qualifications as per the relevant UGC norms and that in view of the ban as comprehended in the Government letter dated 12.10.2004 and the WT Message dated 23.5.2007, in law, her services cannot be regularized against a sanctioned post in the College. Mr. Ahmed, has argued that the order of approval dated 10.1.2005 of the Director, is also unsustainable in law, the same being in mechanical exercise of power. The Learned Counsel insisted that the Governing Body of the College at the earliest opportunity resolved to review the earlier resolution dated 13.2.2001 and to that effect adopted another on 26.6.2003. As the Director for reasons best known to him, did not act on the later resolution in spite of repeated reminders, the Governing Body passed follow up resolutions on 4.12.2005 and 12.9.2006 on updated appraisal of all relevant facts keeping in mind the interest of the Institution and the students in general. According to Mr. Ahmed, in the attending facts and circumstances, the petitioner is not entitled to any relief on the basis of the resolution dated 13.2.2001 and the purported approval thereof, made by the Director on 10.1.2005. 9. Due attention has been extended to the pleadings of the parties and arguments advanced on the basis thereof. The College, which had been brought under the Deficit-Grant-in-Aid scheme in the year 1969, has since been provincialised. There is no dissention on the fact that the petitioner's appointment against a non-sanctioned post as a Lecturer in Geography w.e.f. 1.1.2000, had been following a public participatory process and selection she being appraised on the prescribed conditions of eligibility in vogue then. The petitioner's claim that she had satisfied the norms of eligibility prevalent at the time of her appointment, is also not in dispute. The petitioner's claim that she had satisfied the norms of eligibility prevalent at the time of her appointment, is also not in dispute. From the documents available on records, it appears that the Governing Body of the College by its resolution dated 28.1.1998 had resolved that the subject of Geography at the degree level be introduced from the next academic session and that the Dibrugarh University as well as the Assam Higher Secondary Education Council be moved for necessary permission therefor. On 13.3.2000 an application was submitted on behalf of the College with the Assam Higher Secondary Education Council, Guwahati, seeking its permission to introduce Computer Science Application and Geography at the Higher Secondary level and in the list of the teaching faculty submitted, the name of the petitioner was shown. The Council, accordingly, extended its provisional permission for introduction of Geography at the 1st Year H.S. Class for the Session 2000-01 on 4.9.2000. The Dibrugarh University vide its order dated 3.8.2002 granted permission to the College to introduce Geography in 3 years, degree course in Arts and Science general stream w.e.f. 2001-02. The Government in the Education (Higher) Department conveyed its concurrence to the permission/affiliation for starting Geography classes in 1st Year in 3 (years) degree course in Arts and Science stream w.e.f. 2001-02 academic session, subject to the condition that it would not bear any financial liability therefor. It was clarified thereby that the concurrence was subject to removal of under qualified lectures from the College, if any. The petitioner's contention that steps had been taken by the College authorities for introduction of Geography as a teaching subject before the adoption of the resolution dated 13.2.2001 by the Governing Body of the College, therefor, is borne out by the above contemporaneous documents. Incidentally, the Director approved the said resolution on 10.1.2005 after the Government had accorded its concurrence to commence Geography classes in the 1st Year degree course of the College. 10. Incidentally, the Director approved the said resolution on 10.1.2005 after the Government had accorded its concurrence to commence Geography classes in the 1st Year degree course of the College. 10. The Government of Assam, Education (Higher) Department by office memorandum dated 24.6.2004 had circulated the academic norms prescribed by the UGC for appointments of Lecturers in Colleges and Universities as follows: Good academic record with at least 55% of the marks or equivalent Grade at the Master Degree level or any equivalent degree at the Master Degree level or any Degree from any foreign University besides clearing of the National Eligibility Test (NET/State Level Eligibility Test (SLET). There is a provision for incentives at the time of recruitment for candidates possessing Ph.D/M. Phil Degree. A relaxation of 5% of marks at the Master Degree level have been provided for the SC/ST candidates. Certain relaxation is also been provided to candidates having Ph.D Degree prior to 19th September, 1991. Thereby, the modified procedure for recruitment of teaching and non-teaching staff in Deficit-Grant-in-Aid Colleges of the State, was also set out. The UGC (Minimum Qualifications Required for the Appointment and Career Advancement of Teachers in Universities and institutions affiliated to it (Second Amendment) Regulations, 2006, while reiterating NET to be a compulsory requirement for appointment of Lecturers for those with graduate degrees relaxed the said criteria for candidates having Ph.D degree in the concerned subject for PG level and UG level teaching. Thereby, candidates having M. Phil degree in the concerned subject, were also exempted from NET for Under Graduate level teaching only. The above relaxation was reiterated by the Government of Assam Education (Higher) Department vide notification No. B(2)II.295/2002/14 dated 3.8.2006. Axiomatically it is thus apparent from hereinabove that candidates possessed of M. Phil degree in the concerned subject are exempted from NET for Under Graduate teaching only, whereas, such a relaxation for PG level and Under Graduate level teaching is extendable only to those possessed of Ph.D degree. Incidentally from the news item published in the issue dated 12.6.2008 of the local daily, Assam Tribune produced in course of the arguments, it appears that the petitioner has since acquired M. Phil degree in Geography as a candidate of 2006-07 batch. 11. Incidentally from the news item published in the issue dated 12.6.2008 of the local daily, Assam Tribune produced in course of the arguments, it appears that the petitioner has since acquired M. Phil degree in Geography as a candidate of 2006-07 batch. 11. The official communications dated 17.6.1991 and 2.7.1991 (Annexure A-3 and A-4 to the additional-affidavit filed by the petitioner), underline the essentiality of observing a uniform procedure for selection of teachers for filling up non-sanctioned posts in Government Aided Colleges. Emphasis has been laid to follow a standard procedure as adopted in recruiting teachers against regular sanctioned posts i.e., comparative assessment of suitability through a public participatory selection process. Preference for adjustment of teachers already serving against non-sanctioned posts in a particular department, was indicated thereby to be extended while filling up a vacant sanctioned post in the same Department. 12. The Office Memorandum No. B(2)H.97/2003/98 dated 17.7.2004 dealing with allocation of vacant sanctioned posts of Lecturers from on department to the other in Deficit-Grant-in-Aid College, where teachers are working without sanctioned posts by way of readjustment, laid down in detailed particulars, the methodology therefor. Under Clause 4(a) thereof, vacant posts in a particular department, could be allotted in order of seniority to accommodate teachers in the College working in some other Department without valid sanction posts, provided that such teachers had been appointed by the respective Governing Body by observing the due procedure i.e., advertisement, selection and having UGC norms required provided the need for such a post is justified by enrolment in that department of the College and also that the post is not considered to be essential for the Department against which it was originally sanctioned. The prerequisites enjoined by the said office memorandum, therefore, visibly acknowledge the affordability of the Department, in which the vacant post is lodged to forsake the same to facilitate adjustment/accommodation of a teacher working in some other department without a valid sanctioned post. A tenuous adjustment of the competing demands for the post of both the Departments is noticeably one of the essential conditions for diversion of a vacant post from one to the other. This is more so, as in terms of the office memorandum, the donor department would, then be exposed to the risk of being denied allotment of additional post to it in the future. This is more so, as in terms of the office memorandum, the donor department would, then be exposed to the risk of being denied allotment of additional post to it in the future. The office memorandum deliberated upon, however, is subsequent in point of time to the resolution dated 13.2.2001, the relevant portion whereof, deserves to be extracted: After going through all these data and the position of Computer and Geography depts., without any sanctioned post, members take a rational, approach to the entire issue and decide to transfer the vacant posts of Assamese and Bengali to Computer Science and Geography respectively and directs the Secretary to process the matter at the DHE's level. S.B. also takes the following resolution to start Geography at the undergraduate level right from this academic session and accordingly to process the matter at the University level. 13. Noticeably, this Court vide its order dated 6.4.2004 passed in WP(C) No. 2536/2004, did not accede to the prayer for a direction to the concerned respondent authorities to convert the post of Lecturer in Bengali to that in Geography and to appoint her against the said vacancy. The issue was left with the Director of Higher Education, Assam to take a decision thereon. The aforementioned State authority, however, by his order dated 10.1.2005 approved the resolution dated 13.2.2001 with the rider that the College would not claim any post for the Department of Bengali in future. There appears to be a lull thereafter. The Governing Body of the College in its meeting held on 26.6.2003 resolved to review its resolution dated 13.2.2001 on various grounds detailed therein. The Governing Body was of the view that the sole criteria in favour of the earlier resolution based on work load was incorrect. According to it, the earlier body did not comply with the University norms of minimum number of lecturers required for Assamese (with major) and Bengali (core) subjects. It recorded that both these Departments have been suffering from deficiency of good qualified teachers for the last two years and that the transfer, as suggested, would be detrimental thereto. According to it, the earlier body did not comply with the University norms of minimum number of lecturers required for Assamese (with major) and Bengali (core) subjects. It recorded that both these Departments have been suffering from deficiency of good qualified teachers for the last two years and that the transfer, as suggested, would be detrimental thereto. The Governing Body recorded that the undertaking of not claiming any post for these Departments in future would seal their prospects and the interest of the Assamese Department in particular would be prejudiced, as the permission to start PG classes therein, through Distance Education and Dibrugarh University had already been obtained. The resolution dated 26.6.2003 further reveals that the proposed conversion was neither possible nor justified on account of tremendous increase of work load and that on the date of the resolution dated 13.2.2001, the Department of Geography and Computer Science had not acquired the requisite norms of having a sanctioned post. According to the Governing Body, the Geography Department on the date of the resolution i.e., 26.6.2003, as well lacked the same. It was, thus, resolved to urge upon the Director of Higher Education, Assam not to act upon the resolution dated 13.2.2001. Though, it is not very clear as to what steps, thereafter, were taken by the Governing Body pursuant to this resolution, the records of the court contain a letter dated 1.12.2006 (Annexure A-7 to the affidavit of respondent Nos. 3 and 4), whereby, the college, referring to another resolution dated 4.12.2005, requested the Director of Higher Education, Assam to modify his order of approval dated 10.1.2005 and approve conversion of the vacant post of Lecturer in Bengali Department to that in the Department of Computer Application. Incidentally, the relevant extract of the impugned resolution dated 4.12.2005 available in the records reads as hereunder: Item No. 4. The Department of Computer has already obtained financial concurrence of the Government and is awaiting conversion of a sanctioned post into its. (Department of Computer Application). (i) In parallel, Mrs. Sangeeta Saikia, Department of Geography has obtained financial concurrence of the Government and a letter from the DHE has been received, allowing conversion of post from Department of Bengali into Geography. (ii) To the above item No. 4 the G.B. decided that as Mr. Prasanta Prasad Singha, Department of Computer Application is senior in service to Mrs. Sangeeta Saikia, Department of Geography has obtained financial concurrence of the Government and a letter from the DHE has been received, allowing conversion of post from Department of Bengali into Geography. (ii) To the above item No. 4 the G.B. decided that as Mr. Prasanta Prasad Singha, Department of Computer Application is senior in service to Mrs. Sangeeta Saikia, Department of Geography, so the sanctioned post of Bengali (fallen vacant on early retirement of late R. Sarkar) be offered to Mr. Prasanta Prasad Singha for conversion into the Computer application Department and takes a resolution on it. Resolution: Resolved that the vacant post of Lecturer in the Department of Bengali due to early retirement of Dr. Rathindra Sarkar w.e.f. 30.10.2000 transferred to the Department of Computer Application instead of Department of Geography. Honourable Director of Higher Education, Government of Assam be moved to request for a fresh order for the conversion. College will not ask for any additional post from the (Government for the Department of Bengali in future) This resolution, as the above quote would demonstrate, in substance, is in favour of diverting the post of Lecturer in Department of Bengali to the Department of Computer Application instead of Geography. By the resolution dated 12.9.2006 also assailed in the instant proceeding, the Governing Body resolved to appoint Mr. Prasanta Prasad Singha, in the vacant post of Lecturer in Bengali in terms of the resolution dated 4.12.2005 and offered the petitioner one vacant permanent post in the Department of Philosophy during the Session 2007-08. Inexplicably, however, the Director of Higher Education, Assam has not taken any decision as yet on these resolutions dated 26.6.2003, 4.12.2005 and 12.9.2006. The affidavit filed by him, is also conspicuously silent in this regard, though, intriguingly the said authority has expressed his ignorance as to whether the petitioner is possessed of the required norms prescribed by the UGC to be appointed as a Lecturer of Deficit-Grant-in-Aid Colleges. To say the least, the Director being a statutory authority vested with the power to grant or refuse approval of a resolution of the Governing Body of such an institution on the issue of regularization of services of a Lecturer thereof, the indifference and the casualness displayed on such a vital aspect of eligibility constitutes lack of devotion to duty. 14. 14. Unmistakably, the College authorities as well, have been distressingly incautious in the matter for having failed to effectively pursue its subsequent resolutions, if construed sincerely to be in the interest of the institution, as it sought to be represented. The order of approval dated 10.1.2005, which is in force as on date, also has not been questioned in any judicial forum. The impassive and sedate inaction on the part of the Director notwithstanding, in the opinion of this Court, it is still not impermissible for him to review his approval dated 10.1.2005 albeit on cogent and persuasive reasons, if considered imperative in the interest of the public institution imparting education and the students thereof. Considering the grounds enumerated in the resolution dated 26.6.2003, the Director ought to have taken a decision thereon as well as on the resolutions dated 4.12.2005 and 12.9.2006. In absence of any challenge to the resolution dated 10.1.2005, this Court is not inclined to decide on the validity or otherwise thereof in the instant proceeding. The facts and materials available before this Court are not adequate enough for it to probe into the factual details in the exercise of its writ jurisdiction. The College authorities also have not produced the official records bearing on the resolution dated 26.6.2003, which appears to be the foundation of the subsequent resolutions dated 4.12.2005 and 12.9.2006. Contentious questions of facts requiring an in-depth scrutiny is called for to arrive at an appropriate decision in the interest of the institution and the students, which is of paramount relevance. This Court on a reading of the Office Memorandum No. B(2)H 97/2003/ 135 dated 12.10.2004 imposing prohibition on engagement of teaching and non-teaching staff in Deficit-Grant-in-Aid Colleges without sanctioned posts as well as the WT Message dated 23.5.2007, is of the view that the ban contemplated therein, is not extendable to the Lecturers appointed against non-sanctioned posts in Deficit-Grant-in-Aid Colleges prior to 12.10.2004. The plea of the College authorities to this effect cannot be sustained. Any other view would render the office memorandum dated 17.7.2004 vis-à-vis such Lecturers nugatory. 15. In the above view of the matter, the issue stands remanded to the Director of Higher Education, Assam for a decision thereon on a meticulous verification of all relevant facts. The plea of the College authorities to this effect cannot be sustained. Any other view would render the office memorandum dated 17.7.2004 vis-à-vis such Lecturers nugatory. 15. In the above view of the matter, the issue stands remanded to the Director of Higher Education, Assam for a decision thereon on a meticulous verification of all relevant facts. He would verify all relevant facts and records and decide as to whether his approval dated 10.1.2005 needs to be reviewed or endorsed. For this, the said authority would be at liberty to initiate steps as would be felt necessary to arrive at a just and fair conclusion. To effectuate such a result both the parties would be notified and be afforded reasonable opportunity of hearing. As the issue is pending for long, the exercise as ordered should be completed within a period of six (6) weeks from the date of receipt of certified copy of this order. Needless to say, the decision taken, would be communicated by the Director to both the parties in writing forthwith thereafter. Further, it is made clear that this Court has not recorded any definitive finding on the issue remanded and the Director would be at liberty to deal with the same on a proper appreciation of the facts and in accordance with law. In view of the course adopted by this Court, the authorities cited at the bar do not call for any discussion. The petition stands disposed in the above terms. No. costs. Petition disposed of.