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Gauhati High Court · body

2019 DIGILAW 1025 (GAU)

N. Amarjit Singha v. State Of Assam

2019-09-10

N.KOTISWAR SINGH

body2019
JUDGMENT : N. Kotiswar Singh, J. Heard Mr. R. Majumdar, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Standing Counsel for the Higher Education Department as well as Mr. S. Hazarika, learned counsel for the respondent No.4 and Mr. S.P. Choudhury, learned counsel for the respondent No.6. 2. In this petition, the petitioner has challenged the recommendation of the respondent No.6 by the Selection Committee and by the Governing Body of the Cachar College for appointment to the post of Assistant Professor in the Department of Manipuri in the said College in terms of the selection made by the Selection Committee on 17.03.2018 as constituted by the Governing Body of the said College. 3. Learned counsel for the petitioner submits that the respondent No.6 has been given additional marks erroneously in respect of 20% of total marks in Hons/Major subjects for Hons/ Major students in respect of degree holders as mentioned in OM dated 25.01.2012 which lays down the selection procedure and guidelines to be followed. The said OM also lays down the method of distribution of marks for consideration of selection. 4. It has been submitted by the learned counsel for the petitioner that the respondent No.6 had been erroneously given more marks i.e. 1.6 in excess even though the respondent No.6 was supposed to get 8.12 in respect of the 20% of the total percentage of mark in Hons. accordingly because of the said erroneous excess marks given to the respondent No.6, she has been selected, instead of the petitioner. 5. Learned counsel for the petitioner submits that the petitioner is otherwise more meritorious and ought to have been selected if the 20% of the total marks Hons/Major subject for Hons/Major students had been properly taken into consideration. 6. On the other hand, Mr. K. Gogoi, learned Standing Counsel for the Higher Education Department submits that this petition is premature for the reason that the said recommendation of the Selection Committee dated 17.03.2018 is yet to be forwarded to the Director and only after Director approves, necessary appointment order can be issued by the Director. 6. On the other hand, Mr. K. Gogoi, learned Standing Counsel for the Higher Education Department submits that this petition is premature for the reason that the said recommendation of the Selection Committee dated 17.03.2018 is yet to be forwarded to the Director and only after Director approves, necessary appointment order can be issued by the Director. However, in the present case, the Governing Body of the College has not yet submitted the proposal for appointment to the aforesaid post in terms of the recommendation made by the Selection Committee and as such since the Director himself is yet to apply his mind on the said recommendation made by the Selection Committee, the writ petition is premature. 7. It has been submitted at the bar that the appointment to the said post of Assistant Professor in Manipuri is governed by the Assam College Employees (Provincialisation) Rules,2010 which provide for the method of recruitment as mentioned under Rules 5 and 7 of the aforesaid Rules, which read as follows: "5. Method of Recruitment.- Recruitment shall be made in the manner prescribed hereinafter. (1) Appointment to the post of Principal shall be by direct selection. For this the Governing Body shall constitute a Selection Committee, which shall select a person on the basis of an interview from amongst eligible candidates who apply in response to an open advertisement in newspapers. The Governing Body shall recommend this candidate to the Director, who shall issue order of appointment. (2) For the post of Lecturer/Librarian appointment shall be made by direct recruitment with prescribed qualifications through open advertisement in two leadings dailies atleast in two consecutive issues. In respect of Grade III and Grade IV posts the list candidates shall be collected from the local employment exchange/ Advertisement in newspaper. 7. Direct Recruitment.- (a) All appointment either by direct recruitment or by promotion shall be made by the Director on the basis of recommendations of the Governing Body based on the recommendations of the Selection Committee/Departmental promotion Committee duty constituted; (b) The Director shall communicate his orders within thirty days; (c) The Selection Committee may hold such test of interview for all posts as may be considered necessary. For posts of which UGC has prescribed norms, no candidate shall be recruited without having the required norms; (d) All fresh appointments shall be made on receipt of police verification report." 8. For posts of which UGC has prescribed norms, no candidate shall be recruited without having the required norms; (d) All fresh appointments shall be made on receipt of police verification report." 8. Reading of the aforesaid Rule-7 clearly indicates that it is the Director who has to issue the appointment order on the basis of the recommendation of the Governing Body based on the recommendation of the Selection Committee. 9. Though the rules mention that the appointment order has to be issued by the Director, if the Director because of valid and germane reasons does not give approval to the said recommendation made by the Selection Committee or Governing Body as the case may be, no order can be issued by the Director for appointment. 10. In other words, the Director is not bound to accept each and every recommendation if the same is not made in accordance of rules or made in violation of rules and guidelines in that regard. Accordingly, this Court is of the view that till such appropriate order passed by the Director as regards acceptance of the recommendation made by the Governing Body, the petitioner may not have any occasion to challenge the recommendation made by the Governing Body at this stage. 11. Accordingly, this petition stands closed. The Director will pass appropriate orders as regards the appointment to the post of Assistant Professor in Manipuri in the aforesaid college on the basis of the recommendation made by the Selection Committee and the Governing Body of the College on being satisfied of the validity and legality of such recommendation. If the petitioner is thereafter aggrieved by any order that may be passed by the Director, the petitioner may challenge the same before the appropriate forum. 12. With the above observation and direction, this petition is disposed of.