Ranjan Gogoi, J. - (1.) This appeal is directed against the order dated 27.8.2009 passed by a learned Single Judge of this court in a proceeding registered and numbered as WP(C) No. 94/2007. By the aforesaid order the writ petition filed by the appellant has been dismissed and the resolution of the Executive Council of the Gauhati University dated 10.6.2006 for re-advertisement of the post of Lecturer in Geography, as impugned in the writ petition, has been upheld.
(2.) The bare facts that will be necessary to be noticed for the purposes of a complete and effective adjudication of the issues arising in the present proceeding may be enumerated at the outset: An advertisement dated 31.3.2004 was issued by the Gauhati University inviting applications for filling up, inter alia, one vacant post of Lecturer in Geography. In the advertisement issued it was specifically provided that while "the qualifications and other details can be had along with the application forms, NET shall remain compulsory requirement for the post of Lecturer, with exemption as per UGC guidelines". Clause 1.3.3. of the Ordinance on Recruitment, Service Condition, Workload and Leave Rules for Professors, Principals, Readers, Lecturers and other Officers of the Gauhati University as well as the relevant clause of the UGC Regulations for Appointment and Career Advancement of Lecturers, Readers and Professors in the University and Colleges which have a relevant bearing to the conditions of eligibility are extracted below, the same being relevant for the purposes of the present adjudication: "Clause 1.3.3. of the Ordinance on Recruitment. Service Condition, Workload and Leave Rules for Professors, Principals. Readers, Lecturers and other Officers of the Gauhati University: 1.3.3. Lecturer 1. Good academic record with at least 55% of the marks or, an equivalent grade B in the 7 point scale with letter grades O, A, B, C, D, E & F at the Master's degree level, in the relevant subject from an Indian University, or an equivalent degree from a foreign University. 2. Besides fulfilling the above qualifications, candidates should have cleared the National Eligibility Test (NET) for Lecturers conducted by the UGC, CSIR or similar test accredited by the UGC. Clause 1.3.3. of the UGC Regulations on Minimum Qualifications for Appointment and Career Advancement of Lecturers, Readers and Professors in the University and Colleges: "Besides fulfilling the above qualifications, candidates should have cleared the eligibility test (NET) for Lecturers conducted by the UGC, CSIR or similar test accredited by the UGC." Note: NET shall remain the compulsory requirement for appointment as Lecturer even for candidates having Ph.D. degree. However, the candidate who have completed M. Phil Degree or have submitted, Ph. D thesis in the concerned subject up to 31st December, 1993, are exempted from appearing in the NET examination." In this regard, the contents of a communication dated 22.2.2002 of the Deputy Secretary of the U.G.C. addressed to the Registrar of the Gauhati University would also be required to be specifically noticed. By the said communication it was provided that a SLET qualified candidate would be eligible to apply for the post of Lecturer only in University/Colleges belonging to the same State whose SLET Examination he/she has cleared.
(3.) The appellant/writ petitioner who is a Lecturer in Geography in the Cotton College at Guwahati submitted her application for the post in question. According to the appellant/writ petitioner, she had passed the State Level Eligibility Test (SLET) in the year 2002. The said test was conducted by the State Level Eligibility Test Commission, Assam. According to the appellant/writ petitioner, at that point of time, she was pursuing her research work for the Ph.D Degree which was subsequently conferred on her.;