Binika Goyary @APPELLANT@Hash State Of Assam And Ors

,,,,,,,,,,,,

Heard Mr. Dhar, learned counsel for the petitioner and Mr. P. Upadhyay, learned counsel for the respondent No. 10. Heard also Mr. A. Chamuah,",,,,,,,,,,,,

learned Standing Counsel for the respondent No. 6 (UGC) and Ms. R. B. Bora, learned Standing for the respondent Nos. 3 and 5 and Mr. K. Gogoi,",,,,,,,,,,,,

learned Standing Counsel, for the Higher Education Department.",,,,,,,,,,,,

Pursuant to an Advertisement published in the Assam Tribune on 06.10.2015 by the Principal, Bijni College, (Provincialised) inviting applications",,,,,,,,,,,,

from eligible candidates for filing up 1(one) post of Assistant Professor (Bodo), a total No. of 23 candidates including the writ petitioner and the",,,,,,,,,,,,

respondent No. 10 applied for the same and appeared in the interview, which was held on 24.02.2016. The interview was conducted by a selection",,,,,,,,,,,,

committee comprising of 8(eight) members.,,,,,,,,,,,,

After the interview was completed the respondent No. 10 was placed at No. 1 position and the petitioner was placed at No. 2 by the selection,,,,,,,,,,,,

committee. Not being satisfied with the result of the interview the petitioner through RTI obtained the minutes of the selection Committee held on,,,,,,,,,,,,

24.02.2016, the penal prepared by them and the marks given to the three toppers. The same is reproduced here below;-",,,,,,,,,,,,

“Meeting of the selection committee for selection of candidate for the post of Assistant Professor, Department of Bodo, Bijni College.",,,,,,,,,,,,

Date- 24-02-2014,,,,,,,,,,,,

Time- 10.00 AM,,,,,,,,,,,,

Place- Principals Office Chamber.,,,,,,,,,,,,

Members present :-,,,,,,,,,,,,

1) Birhash Giri Basumatary Sd/-,,,,,,,,,,,,

2) Dr. Mangal Singh Hazoary Sd/-,,,,,,,,,,,,

3) Dr. Anil Kumar Boro Sd/-,,,,,,,,,,,,

4) Dr. Dinanath Basumatary Sd/-,,,,,,,,,,,,

5) Dr. Ada Ram Basumatary Sd/-,,,,,,,,,,,,

6) Mr. Gwgwm Brahma Kachary Sd/-,,,,,,,,,,,,

7) Kameswar Deka Sd/-,,,,,,,,,,,,

8) Dr. Pramathesh Bayan Sd/-,,,,,,,,,,,,

A meeting of the selection committee for selection of a candidate for the post of Assistant Professor, Department of Bodo, Bijni College is held to-day",,,,,,,,,,,,

i.e. on 24-02-2016 in the Principals Chamber Sri Kameswar Deka, Chairman of the Selection Committee presides over the meeting in presence of",,,,,,,,,,,,

other members of the selection committee.,,,,,,,,,,,,

Member Present â€",,,,,,,,,,,,

1). Birhash Giri Basumatary â€" Secretary Principal, Bijni College.",,,,,,,,,,,,

2). Dr. Pramathesh Bayan, Vice Principal, -Member Bijni College (G.B. Member)",,,,,,,,,,,,

3). Dr. Anil Boro, Assistant Prof. Deptt of Folklore â€" Member G.U. (V.C.’s nominee)",,,,,,,,,,,,

4). Dr. Dinanath Basumatary â€"Member Director, College Development Council Bodoland Union, Kokarajhar (V.C.’s nominee)",,,,,,,,,,,,

1) Dr. Adaram Basumatary, Associate Prof. â€"Member Deptt. Of Bodo, Janata College, Serfanguri (V.C.’s nominee as subject expert)",,,,,,,,,,,,

2) Dr. Mangalsing Hazowary, Retd. Principal â€"Member Kokrajhar Govt. Teachers Training College (G.B.Member)",,,,,,,,,,,,

3) Sri Gwgwm Brahma Kochary â€"Member HOD, Deptt., of Bodo, Bijni College.",,,,,,,,,,,,

The meeting discusses about the interview reports held by the selection committee today i.e. on 24-02-2016 and on the basis of the interview reports,,,,,,,,,,,,

the selection committee prepares a panel of candidates for appointment.,,,,,,,,,,,,

1) Asha Rani Brahma,,,,,,,,,,,,

2) Binika Goyary,,,,,,,,,,,,

3) Guddu Prasad Basumatary,,,,,,,,,,,,

The selection committee also resolves to forward the panel of the qualified candidates to the Governing Body of the college for approval and,,,,,,,,,,,,

necessary action.,,,,,,,,,,,,

Thus the meeting ends with the vots of the thanks from the chair.,,,,,,,,,,,,

Sd/- Kameswar Deka,,,,,,,,,,,,

President , Selection Committeeâ€​.",,,,,,,,,,,,

Markes given by the members of the Selection Committee,,,,,,,,,,,,

Sl

No.","N a m e and

present address

of the candidate","Kameswar

Deka,

Retd.

Lecturer

(President

, GB)","Dr. Birhash

Giri

Basumatary,

Principal/Se

cretary","Dr.

Pramathes

h Bayan,

Vice

Principal,

Bijni

College,

Gb","D r . Anil

Boro Asso

prof Dept of

Folklore,

Gu(VC’s

Nominee )","D r. Dinanath

Basumatary,

Director,

College

Developmen t

Council,

Bodoland

Univ(VC’s

Committee)","Dr. Phukan

C

Basumatary,

Assos prof

Janata

College,

Serfanguri,

(subject

Expert,

VC’s

Nominee)","Dr.

Adaram

Basumatary

Asso Prof

Janata

College,

Serfanguri,

(subject

Expert,

Vc’s

Nominee)","Dr.

Mangalsin

g

Hazowary,

G.B.

Member

(Univ

Nominee)","Gwgwm

Brahma

Kochary,

HOD,

Bodo,Bij

ni

College","Total

marks

Secure d",Remarks

1,2,3,4,5,6,7,8,9,10,11,12,13

-,----,----,----,,----,----,----,----,----,----,----,----

6,"Asha Rani

 Brahma

Village- North

Sukanipara

P.O.

Khagrabari.

District

Chirang.

Pin-783390",57.99,56..99,57.99,53.99,59.99,,48.99,61.99,55.99,453.92,1 st

,,,,,,,,,,,,

-,----,----,----,----,----,----,----,----,----,----,----,----

8,"Binika Goyary

Village No. 1

Boripara, P.O.

Borobazar,

District

Chirand, Pin

783393",60.95,55.95,56.95,50.95,55.95,,57.95,54.95,58.95,452.60,2 nd

,,,,,,,,,,,,

-,----,----,----,----,----,----,----,----,----,----,----,----

13,"Guddu Prasad

Basumatary

VillageNatipara,

P.O. Borkola

Chowka, P.S.

Kalaigaon, Dist.

Udalguri, Pin-

784525",56.52,52.52,50.52,45.52,55.52,,52.52,45.52 5,55.52,418.16,3 rd

,,,,,,,,,,,,

OFFICE OF THE DIRECTOR OF EDUCATION, B.T.C.::::::::::KOKRAJHAR",,,,,,,,,,,,

ORDER,,,,,,,,,,,,

Dated Kokrajhar 29th March/2017,,,,,,,,,,,,

Read the Hon’ble Gauhati High Court’s order dtd. 09-12-2016 passed in the case No. WP(C) 2564/2016 and Order dtd. 27-01-2017 filed by,,,,,,,,,,,,

Mrs. Binika Gayary-Vs- the State of Assam and Others which was disposed of with a direction to the Governing Body of Bijni College and as well as,,,,,,,,,,,,

the Director of Education, BTC to take appropriate decision for selection of candidates for appointment of Asstt. Professor in the deptt. Of Bodo",,,,,,,,,,,,

against the vacant sanctioned post as per the Assam College Employees (provincialisation) Rules, 2010. Heard the GB members, the Petitioner &",,,,,,,,,,,,

Respondents No. 6 dtd. 24-03-2017 at the Office Chamber of the Director of Education, BTC. Also read the particulars alongwith its enclosures",,,,,,,,,,,,

submitted by the Principal of Bijni College vide his letter No. BC/2(A)Bodo/2016/13443 dtd. 26-12-2016 where is it is seen that as per report of the,,,,,,,,,,,,

Selection Committed (interview) the Resolutions was adopted vided No. 3 by the Governing Body of Bijni College in its meeting held on 29-02-2016,,,,,,,,,,,,

and Resolution No. 2 dtd. 17-02-2017 recommended the name of candidate Mr.s. Asha Rani Brahma, MA who secured the 1st position in the",,,,,,,,,,,,

Interview panel for appointment as Asstt. Professor against the vacant post. The petitioner Mrs. Binika Gayary, MA who appeared in the same",,,,,,,,,,,,

Interview on 24-02-2016 and she filed writ petition in the Hon’ble Gauhati High Court challenging the selection of candidate against this post. She,,,,,,,,,,,,

complained the Mrs. Asha Rani Brahma joined as regular scholar in the Ph.D. programme as J.R.F w.e.f. 2708-2013 for the Session, 2013-14 and",,,,,,,,,,,,

doing her Research under supervision of Dr. Indira Bro, faculty member of the deptt. Of Bodo, Bodoland University, Kokrajhar. So her teaching",,,,,,,,,,,,

experience is 3(three) years. It is contended that under the head “Teaching Experience†respondent No. 6 was allotted 8(eight) marks instead of,,,,,,,,,,,,

6(six) marks. Both of them were awarded 2(two) marks per year by the members of the Selection Committee. Further also read and perused the,,,,,,,,,,,,

Resolution No. 2 of the Governing Body meeting held on 17-02-2017 and the report of the Principal it is stated that Mrs. Asha Rani Brahma has been,,,,,,,,,,,,

regularly attending the College during JRF period. The Selection Committed don’t know about her doing JRF (Ph.D.). Mrs. Binika Goyary also,,,,,,,,,,,,

have not denied that Respondent Mrs. Asha Rani Brahma have been regular in attending College during the JRF period. Mrs. Asha Rani Brahma,,,,,,,,,,,,

have been working in the post of Asstt. Professor in the deptt. of Bodo on contractual basis in the Bijni College continuously from 10-08-2010. Also,,,,,,,,,,,,

perused the learned legal opinion of BTC Standing Counsel of the Hon’ble Gauhati High Court dtd. 28-03-2017 who has advised to approve the,,,,,,,,,,,,

respondent No. 6 for appointment in the post of Asstt. Professor in the deptt. of Bodo of Bijni College.,,,,,,,,,,,,

Consequent upon the above facts and circumstances it is affirmed that Mrs. Asha Rani Brahma (Respondent No. 6) is duly selected by the Selection,,,,,,,,,,,,

Committee and the Governing Body of the College also recommended the said candidate as per provision of Rules and procedures. As such the,,,,,,,,,,,,

proposal alongwith necessary particulars may be forwarded to the BTC authority for necessary Administrative Approval for appointment of the said,,,,,,,,,,,,

candidate. With the Hon’ble Gauhati High Court’s Order dtd. 09-12-2016 passed in case No. WP(C).2564/2016 and Order dtd. 27-01-2017 is,,,,,,,,,,,,

complied with and accordingly disposed of in terms of the above observation.,,,,,,,,,,,,

Sd/- Sri R.S. Borgayari,,,,,,,,,,,,

Director of Education Bodoland Territorial Council, Kokrajharâ€​.",,,,,,,,,,,,

The case of the petitioner as submitted by her learned counsel in brief is that Bijni College being a Provincialised college is bound to follow the,,,,,,,,,,,,

guidelines issued by the Govt. of Assam Education (Higher) Department for selection of Assistant Professors in colleges as per the UGC guidelines.,,,,,,,,,,,,

Therefore, the guidelines given in the Memo No. AHE.211/2015/95, dated 14.08.2015 circulated by the respondent No. 2 has to be strictly followed.",,,,,,,,,,,,

According to the learned counsel the selection committee, while giving marks to the candidates, particularly to respondent No. 10 has violated clause",,,,,,,,,,,,

2, 3 and 8 of the guidelines. The learned counsel further submitted that as per the guidelines a candidate is to be given 2 marks for a year’s",,,,,,,,,,,,

teaching experience under the column of teaching experience with the maximum marks up to 10. However in the case of the respondent No. 1 each,,,,,,,,,,,,

committee member had given 8 marks though she was entitled to only 6 marks since she had the teaching experience of only 3 years and 16 days.,,,,,,,,,,,,

The learned counsel also submitted that the petitioner has no objection as far as the allotments of marks under the other heads are concerned but is,,,,,,,,,,,,

aggrieved only by the marks given in the case of teaching experience.,,,,,,,,,,,,

Learned counsel for the respondent No. 10 on the other hand submitted that the respondent No. 10 had 5 years of teaching experience therefore she,,,,,,,,,,,,

should have been given 10 marks. In fact allotting her 8 marks only was a mistake committed by the selection committee.The learned counsel further,,,,,,,,,,,,

submitted that though the respondent No. 10 was admitted as Jr. Research Fellow she continued to work in the college with the permission of the,,,,,,,,,,,,

college and the department concerned of the university under which she was pursuing her research. Therefore, no wrong was committed in giving her",,,,,,,,,,,,

marks as per the years of her teaching period in the college. The only thing that can happen to her at the worst is cancellation of her JRF by the,,,,,,,,,,,,

university and not discounting of her marks for the teaching experience. The learned counsel also submitted that the petitioner was aware of the fact,,,,,,,,,,,,

that the respondent No. 10 was working in the same college but she did not raise any objection on that at the relevant time, therefore, she cannot raise",,,,,,,,,,,,

any objection in the allotment of marks for the teaching experience the private respondent had acquired.,,,,,,,,,,,,

Mr. Chamuah learned counsel appearing for UGC submitted that UGC regulation/Memorandum on qualification for appointment of teachers and,,,,,,,,,,,,

other academic staff in university and colleges and measures for the purpose of standard in higher education, 2010 is still enforced and as per",,,,,,,,,,,,

regulation No. 3.9.0 of the same the time taken by candidate to acquire M Phil and or PhD Degree is not be considered as teaching experience. Mr.,,,,,,,,,,,,

Chamuah in support of his submission cited paras-40,42 and 44 of the judgment of Hon’ble Supreme Court in the case of Annamalai Unversity",,,,,,,,,,,,

represented by Registrar Vs. Secretary To Government, Information And Tourism Department And Others reported in (2009) 4 SCC 590. The",,,,,,,,,,,,

contents of the paras are reproduced below:-,,,,,,,,,,,,

“40. The UGC Act was enacted by Parliament in exercise of its power under Entry 66 of List I of the Seventh Schedule to the Constitution of,,,,,,,,,,,,

India whereas the Open University Act was enacted by Parliament in exercise of its power under Entry 25 of List III thereof. The question of,,,,,,,,,,,,

repugnancy of the provisions of the said tow Acts, therefore, does not arise. It is true that the Statement of objects and reasons of the Open",,,,,,,,,,,,

University Act shows that the formal system of education had not been able to provide an effective means to equalize educational opportunities. The,,,,,,,,,,,,

system is rigid inter alia in respect of attendance in classrooms. Combinations of subjects are also inflexible.,,,,,,,,,,,,

The provision of the UGC Act are binding on all universities whether conventional or open. Its powers are very broad. The Regulations framed by,,,,,,,,,,,,

it in terms of clauses (e), (f), (g) and (h) of sub-section (1) of Section 26 are of wide amplitude. They apply equally to open universities as also to",,,,,,,,,,,,

formal conventional universities. In the matter of higher education, it is necessary to maintain minimum standards of instructions. Such minimum",,,,,,,,,,,,

standards of instructions are required to be defined by UGC. The standards and the coordination of work or facilities in universities must be,,,,,,,,,,,,

maintained and for that purpose required to be regulated. The powers of UGC under Sections 26(1)(f) and 26(1)(g) are very broad in nature.,,,,,,,,,,,,

Subordinate legislation as is well known when validly made becomes part of the Act. We have noticed hereinbefore that the functions of UGC are all-,,,,,,,,,,,,

pervasive in respect of the matters specified in clause (d) of sub-section (1) of Section 12-A and clauses (a) and (c) of sub-section (2) thereof.,,,,,,,,,,,,

,"Domain

Knowledg e

and Teaching

Skills (30%)","Intervie w

(20%)",Total(100),,,,,,,,,

,,,,,,,,,,,,

,,,,,,,,,,,,

,,,,,,,,,,,,

Examination,Max,Score,,Max,Scor,Sub-,,,,,,

,Marks,,,Marks,e,total out of 20,,,,,,

HSLC,5,.05x marks,Teaching skill,10,,,,,,,,

HSSLC,5,.05 x marks,"Teaching

Experience",10,,,,,,,,

Graduation,10,.10x marks,"Conference/

Seminar/att

ended",5,,,,,,,,

PostGraduation,15,15 x marks,Publicatio n,5,,,,,,,,

Ph D,10,,,,,,,,,,,

M Phil,5,,,,,,,,,,,

Sub-total,50,,Sub-total,30,,20,"10

0",,,,,