GUWAHATI, India, Nov. 16 -- Gauhati High Court issued the following order on Oct. 16:

1. Heard Mr. M.K. Choudhury, learned Senior Counsel; assisted by Mr. M. Sarma, learned counsel for the petitioner. Also heard Mr. K.N. Choudhury, learned Senior Counsel; assisted by Mr. P.J. Phukan, learned counsel for the respondent Nos.1-5. None appears for the respondent No.6, UGC.

2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Jayanta Kumar Sarma, has challenged the letter dated 21.08.2024, seeking to re-visit the credential of the petitioner and he also prayed for setting aside and quash the Notification, dated 11.06.2024, constituting the committee to examine the explanation submitted by the petitioner vide Resolution No. BM/77/23/2024 adopted in the 77th Board of Management (herein after BoM) meeting of the Krishna Kanta Handiqui State Open University (hereinafter referred to as the "KKHSOU").

Background Facts:-

3. The background facts, leading to filing of the present petition are adumbrated herein below:-

The petitioner was employed with the Indian Railways for twenty-three (23) years as a Public Relations Officers and thereafter, as a Senior Public Relations Officer, before having opted for VRS. Thereafter, pursuant to an advertisement No. R2/2020, dated 14.08.2020, (Annexure-A), published in the Assam Tribune, for various posts of teachers, by the "KKHSOU", the petitioner had submitted his application through an online process. Then as per Chapter VI of the First Statutes of the KKHSOU, Clause B(ii) of Chapter VI, states that the applications received against each posts are required to be sent to two outside experts, not connected with the University for assessment of their eligibility for the posts and in accordance with the rules, assistance of two outside experts, was taken in assessing the suitability of the candidates. Then the experts, upon screening of the candidates' suitability, including the petitioner's herein, had recommended the petitioner for further personal interview by a Selection Committee constituted by KKHSOU. The twin assessment sheets, pertaining to the petitioner, besides recommending his candidature had indicated that although the petitioner does not have the required teaching experience as an Assistant and Associate Professor, and had not supervised Research at the Ph.D. level, yet his prior experience in the Industry and his contribution to domain knowledge, qualifies him to be considered for the post of Professor, under Clause 4.1.III.B of the UGC Regulations, 2018. Thereafter, the petitioner had been recommended by both the outside experts under the provision of Clause 4.1.III.B of the UGC Regulations, 2018, which provides that "An outstanding professional, having a Ph.D. degree in the relevant/allied/applied disciplines, from any academic institutions/industry, who has made significant contribution to the knowledge in the concerned/allied/ relevant discipline, supported by documentary evidence provided he/she has ten years' experience."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqDJGa4NiHoILyO%2Bdc0Y2v5MYr%2BxUurY%2BSgnrkKzd%2Bl6b&caseno=WP(C)/4544/2024&cCode=1&cino=GAHC010183592024&state_code=6&appFlag=)

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