Safiya Malik

A division bench of the Gauhati High Court has examined the selection process for the appointment of an Assistant Professor in Computer Science at three Pandit Deendayal Upadhyay Adarsha Mahavidyalayas (PDUAM) in Assam. The court examined the criteria used to evaluate candidates, particularly regarding the allocation of marks for M.Phil. degrees and teaching experience.

The appellant, Rajib Das, an Assistant Professor and Head of the Department of Computer Science & Application at Karimganj College under Assam University, challenged the marking system adopted in the recruitment process for Assistant Professor positions at PDUAM colleges in Amjonga, Tulungia, and Dalgaon. The selection process was initiated following an advertisement dated May 8, 2017, for filling vacancies in the said institutions. The appellant claimed that he was awarded inconsistent marks for his M.Phil. degree and teaching experience across different selection committees, which led to an unfair assessment of his qualifications.

According to the appellant, he obtained his M.Phil. degree on September 29, 2008, and was recognized as a UGC-qualified Assistant Professor from that date. He subsequently obtained his Ph.D. on May 2, 2014. The appellant argued that he was entitled to five marks for his M.Phil. qualification and a further five marks for his teaching experience, as per the Office Memorandum dated June 25, 2012. He asserted that he had completed nine years of teaching experience in an affiliated government degree college by the time of the interview in 2017.

However, the selection committee at Dalgaon assigned him zero marks for M.Phil. and only two marks for teaching experience, whereas the selection committees at Amjonga and Tulungia had awarded him full marks for both. The appellant contended that this discrepancy in evaluation was arbitrary and had significantly affected his selection prospects.

The state respondents, represented by the Higher Education Department of Assam, countered the appellant’s claim by arguing that his M.Phil. degree was obtained through an off-campus distance mode from Annamalai University, which the UGC does not recognize as a valid qualification for awarding marks in faculty recruitment. They cited Clause 3.9.0 of the UGC Regulations and Clause (vii) of the Office Memorandum dated June 25, 2012, which explicitly state that the period spent in acquiring M.Phil. and Ph.D. degrees shall not be counted as teaching experience for appointment purposes. The respondents maintained that awarding marks for teaching experience accumulated while pursuing a research degree would be contrary to these provisions.

The University Grants Commission (UGC) supported the state's position, affirming that M.Phil. degrees obtained through off-campus distance learning programs are not recognized for eligibility criteria in higher education recruitment. They pointed out that despite past recruitments where such degrees may have been considered, the prevailing rules under the UGC Act and state regulations must be adhered to strictly.

The court examined whether the appellant’s M.Phil. degree and teaching experience were eligible for marking under the prescribed criteria. It recorded that while the selection committees at Amjonga and Tulungia awarded five marks each for M.Phil. and teaching experience, the Dalgaon selection committee had only assigned two marks for teaching experience and none for M.Phil. The court noted that this inconsistency was unexplained and created an apparent contradiction in the evaluation process.

The court further observed that the Assam government had, in principle, recognized M.Phil. degrees obtained before July 10, 2009, for the purpose of awarding marks in faculty selection. The appellant’s M.Phil. degree, having been conferred in 2008, would fall within this category. However, the court also took into account the respondents’ argument that M.Phil. degrees acquired through distance education and off-campus modes were deemed invalid by the UGC for recruitment purposes.

Regarding the teaching experience, the court recorded that Clause 3.9.0 of the UGC Regulations, along with the Office Memorandum of June 25, 2012, explicitly state that time spent acquiring an M.Phil. or Ph.D. degree cannot be counted as teaching experience. This provision was consistently cited by the respondents to justify their marking scheme. The court observed that the selection committees had not uniformly applied this criterion, leading to discrepancies in evaluation.

The court also took note of the fact that the Director of Higher Education, Assam, had previously failed to comply with directives issued in related cases, where similar concerns were raised about the assessment of qualifications. The court found that no specific mechanism had been established to ensure uniformity in marking criteria across different selection committees.

The court declined to interfere with the single judge’s decision, which had referred the matter back to the Higher Education Department for reconsideration. The division bench directed the authorities to ensure a uniform and fair application of selection criteria across all PDUAM colleges. The court stated:

"It would be appropriate for the authorities to consider the case of the petitioner in view of the fact that no basis could be discernible as to awarding of marks in different colleges for M.Phil. Degree and teaching experience."

The court instructed the respondents to evaluate the appellant’s case in accordance with applicable UGC guidelines, the Office Memorandum dated June 25, 2012, and relevant statutory provisions. The authorities were further directed to ensure transparency and consistency in future recruitment processes.

Case Title: Rajib Das v. The State of Assam and Others
Case Number: WA/214/2023
Bench: Justice Lanusungkum Jamir, Justice Kardak Ete

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