HEM CHANDRA DEKA Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) This writ petition has been preferred by the Petitioner for a direction to treat his extraordinary leave as study leave in acquiring M.Phil Degree in North Eastern Hills University, Shillong.

(2.) Petitioner has been serving as the Head of the Department of Education in Pub Kamrup College, Baihata Chariali wherein he joined in the year 1975 as Lecturer, The said college, at the relevant time was running as Deficit Grant in system directly under the control and supervision of the Govt. of Assam through a Governing Body as per statutory rules - The Assam Aided College Management Rules, 1976, framed under notification No. ECL. 11/76/20 dated November 10, 1976 as amended in exercise of power conferred on the State Government by Gauhati University/Dibrugarh University Acts of 1947/1965 (Assam Acts XVI of 1947 and Assam Act VIII of 1965).

(3.) Vide letter No. ECU 118/75/115 dated August 28, 1975 the State Government instructed the teaching staff of the college to equip with and acquire for themselves new higher educational qualification of post graduate standard with a view to attain educational cum teaching proficiency as per standard laid down by the University Grants Commission. The Govt. of Assam did not make any positive arrangement in this regard and did not offer any financial assistance to the Lecturers of Govt. Aided Colleges in the matter of acquiring necessary educational qualification except imposing the aforesaid condition. That the Government instruction clearly indicated that non acquiring of requisite qualification will be visited by permanent stagnation in the scale after 5 years which means that prospect of all future promot on to higher posts would be barred.