Court Upholds Provincialisation of Junior Assistant as Library Assistant Due to Lack of Petitioner's Qualifications
In a recent ruling, the Gauhati High Court dismissed a petition filed by Rezzaqul Hussain against the provincialisation of Babul Hossain as Library Assistant at Janapriya College, Assam. The petitioner, Rezzaqul Hussain, had challenged the decision on the grounds that he was the senior-most employee in the category of Library Assistant and claimed manipulation of records by the college authorities.
The case, heard by Justice Robin Phukan, involved the examination of qualifications and service records under the Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions) Act, 2018. Hussain's appointment as Library Assistant dated back to 2006, but his subsequent appointment as Assistant Librarian in 2010 and the non-recognition of his BLISC degree obtained through distance education from Vinayaka Missions University, Tamil Nadu, proved pivotal in the court's decision.
The court found that the BLISC degree was non-est in law due to the lack of approval from the UGC or Distance Education Bureau, rendering Hussain ineligible for provincialisation. Meanwhile, Babul Hossain, initially appointed as Junior Assistant in 2006, was provincialised as Library Assistant due to his seniority and eligibility under the Act, as both positions were considered of the same rank.
Justice Phukan emphasized the autonomy of employers in determining the suitability of candidates for public service, provided the process is legal, fair, and in good faith. The court ruled that there was no merit in the allegations of manipulation and dismissed Hussain's petition for lack of qualifications and evidence.
The ruling underscores the importance of holding valid degrees for provincialisation and the discretion afforded to public service employers in candidate evaluation. The interim order staying the provincialisation of Hossain was vacated, allowing his appointment to proceed.
Bottom line:-
Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions) Act, 2018 - Provincialisation of services - The petitioner, originally appointed as Library Assistant, challenged the provincialisation of service of another candidate as Library Assistant. The Court held that the petitioner lacked the requisite qualifications for provincialisation and dismissed the petition for want of merit.
Statutory provision(s): Assam Education (Provincialisation of Services of Non-Teaching Staff of Venture Educational Institutions) Act, 2018, Section 4, Section 4(2)(iii); Article 226 of the Constitution of India.
Rezzaqul Hussain v. State of Assam, (Gauhati) : Law Finder Doc id # 2907349
