GEETIMA DEKA W/O BIMAL CHANDRA DEKA Vs. STATE OF ASSAM AND 7 ORS
LAWS(GAU)-2018-5-64
HIGH COURT OF GAUHATI
Decided on May 14,2018

Geetima Deka W/O Bimal Chandra Deka Appellant
VERSUS
State Of Assam And 7 Ors Respondents

JUDGEMENT

Manojit Bhuyan, J. - (1.) Petitioner, Dr. Geetima Deka assails the selection of the Respondent No.8 i.e. Dr. Pradyumna Goswami by the Assam Public Service Commission (APSC) to the post of Lecturer in Chemistry (Non-Ayurvedic) at the Government Ayurvedic College & Hospital, Guwahati, primarily on the ground that his specialisation in Inorganic Chemistry is wholly unsuitable for the post of Lecturer having regard to the course and subjects to be taught to the students at the Ayurvedic College. Petitioner projects that the post of Lecturer in Chemistry in the Ayurvedic College is only suitable to those having knowledge and specialisation in Organic Chemistry alone, which is the forte of the writ petitioner.
(2.) Facts emerging are that on 07.11.2015 the Assam Public Service Commission published an Advertisement inviting applications for the post, amongst another, of Lecturer in Chemistry (Non-Ayurvedic) at Government Ayurvedic College, Guwahati under the Health & Family Welfare (B) Department. Qualification prescribed included good academic record with at least 55% marks at the Master's Degree level in Chemistry. As many as 61(sixty one) candidates responded to the Advertisement for the post of Lecturer in Chemistry (Non-Ayurvedic), out of which 36(thirty six) candidates were called for interview, which included both the writ petitioner and the Respondent No.8. There were 3(three) Interview Boards and each Board comprised of an APSC Member and a Subject Expert in the capacity of an Expert Member. The 36(thirty six) candidates were accordingly divided amongst the 3(three) Interview Boards. After completion of the interview the merit of all the 36(thirty six) candidates were assessed and consequent thereto the Respondent No.8 was selected and recommended for appointment to the said post of Lecturer in Chemistry.
(3.) Case laid out by the petitioner is that although the Respondent No.8 has been selected and recommended by APSC, no appointment can be offered to said Respondent No.8 as he is a misfit for the post, in as much as, having regard to the course and syllabus, it is only a person having specialisation in Organic Chemistry is suitable for the post. In this regard, Mr. A.C. Borbora, learned Senior Counsel representing the petitioner makes reference to the additional affidavit dated 05.03.2018 filed by Respondent No.7 i.e. the Principal of the Government Ayurvedic College, Guwahati to show that even the Principal is of the clear view of the necessity of Organic Chemistry for the post of Lecturer in Chemistry. From the said additional affidavit, reference is also made to a letter dated 02.07.2016 written by the Head of Department, Sharir Kriya, Government Ayurvedic College & Hospital, addressed to the Respondent No.7 which shows that the faculty of Chemistry in the Government Ayurvedic College is attached to the Department of Sharir Kriya to take theory and practical classes of Bachelor of Ayurvedic Medicine and Science (BAMS) course, which course is designed as per the syllabus recommended by the Central Council of Indian Medicine (CCIM). The Head of the Department has opined that having regard to the course of study only a person having Masters Degree in Chemistry with specialisation in Organic Chemistry can handle the subjects for teaching at the College. The Head of the Department has also opined that selection of the person by the APSC for the post of Lecturer in Chemistry at the College with specialisation in Inorganic Chemistry would cause great difficulty for the Department of Sharir Kriya to conduct the course of study. Mr. Borbora also makes reference to a letter dated 28.12.2010 issued by the Respondent No.7 i.e. the Principal of the College, addressed to the Joint Secretary in the Health & Family Welfare Department pertaining to filling up of the post of Lecturer in Chemistry in the said College. While expressing the urgent necessity for filling up the post of Lecturer in Chemistry at the College, the said Respondent No.7 indicated that the requisite qualification for the post is Masters Degree in Chemistry, preferably Organic Chemistry. According to Mr. Borbora the expert views of the Principal for confining the requisite qualification to Masters Degree in Chemistry with specialisation in Organic Chemistry, could not have been ignored while publishing the Advertisement. By referring to the additional affidavit dated 05.03.2018 of the Respondent Nos.1 and 2, it is shown that despite draft Advertisement having been prepared mentioning Organic Chemistry as specialization, the same did not fructify only due to objection and intervention of the Director of AYUSH, Assam. Mr. Borbora submits that in the scheme of things the Director of AYUSH, Assam had no business to fix eligibility norms. On the above aspects, prayer made in the writ petition is for setting aside the Select List dated 02.07.2016 whereby Respondent No.8 was selected and recommended to the post in question on the basis of merit. There is, however, no prayer seeking selection and recommendation of the petitioner herself.;


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