GUWAHATI, India, Sept. 19 -- Gauhati High Court issued the following order on Aug. 20:
1. We have heard Mr. K.N. Choudhury, learned Senior Advocate, assisted by Mr. R. Ali, learned Advocate for the appellant; Mr. H.R.A. Choudhury, learned Senior Advocate, assisted by Mr. M. Alam Geer, learned Advocate for the respondent No.1 and Mr. K. Gogoi, learned Standing Counsel, Education (Higher) Department for the respondent Nos.2 & 4.
2. The present appeal is directed against the judgment dated 05.05.2025 passed by a learned Single Judge of this Court in WP(C) No.5757/2024, whereby the respondents therein have been directed to proceed with the selection process for the post of Assistant Professor in the Mandia Anchalik College, Mandia in terms of the Office Memorandum dated 24.01.2022, holding that the Office Memorandum dated 22.10.2024 modifying the earlier Office Memorandum, cannot be applied in the selection process when the latter Office Memorandum was to be made effective prospectively.
3. On 02.07.2024, the Principal of Mandia Anchalik College issued an advertisement inviting applications for 1(one) post of Assistant Professor in English and 1(one) post of Librarian. The advertisement clearly stated that the educational qualifications and the selection procedure would be governed by the Government Office Memorandum (OM No.AHE.239/2021/68) dated 24.01.2022.
4. It would be necessary to refer to the process of awarding marks for academic records provided in the Office Memorandum of 24.01.2022, referred to above, as the controversy has arisen because of the change in the marking pattern with respect to Post-Graduation marks of candidates. The marking pattern under the Office Memorandum of 24.01.2022 is as follows:-
Table omitted, can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x5BYVuDlkCKkTlWjJErFYbE4b6PBOTBLiucSqUUORVDv&caseno=WA/249/2025&cCode=1&cino=GAHC010157032025&state_code=6&appFlag=)
5. While the recruitment process was underway, the Government of Assam, Higher Education Department issued another Office Memorandum on 22.10.2024. This new Office Memorandum partially modified the earlier Office Memorandum dated 24.01.2022, particularly, the guidelines in respect of the calculation of marks for PostGraduation. All other terms and conditions of the earlier Office Memorandum remained unchanged.
6. The revision of calculation of marks of PostGraduation in the latter Office Memorandum is also being extracted herein-below for ready reference:-
Table omitted, can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x5BYVuDlkCKkTlWjJErFYbE4b6PBOTBLiucSqUUORVDv&caseno=WA/249/2025&cCode=1&cino=GAHC010157032025&state_code=6&appFlag=)
7. The respondent No.1, a candidate, who had secured 90 marks in Post-Graduation and who would have been awarded 30 marks for such percentage in his PostGraduation as per the earlier Office Memorandum, felt aggrieved with the new Office Memorandum, which was applied in the selection process, which made 30 marks awardable to even persons who had obtained lesser than 90% in Post-Graduation. Under the new Scheme, any candidate having obtained more than 80% marks in his Post-Graduation was entitled for 30 marks. This had brought the respondent No.1 in the category in which others also with lesser marks in Post-Graduation would be under consideration. He, therefore, challenged the applicability of the Office Memorandum dated 22.10.2024 to the ongoing selection on the ground that applying the new marking Scheme to the ongoing recruitment is impermissible. It changes the rule of the game midway; and would be prejudicial to his chances of coming out successful.
8. The learned Single Judge, relying exclusively on the decision of the Hon'ble Supreme Court in Tej Prakash Pathak & Ors. -Vs- Rajasthan High Court & Ors., (2025) 2 SCC 1, concluded that the Office Memorandum 22.10.2024 which modified the earlier Office Memorandum regarding calculation of marks of Post-Graduation could not have been made applicable to the ongoing process of selection, which process commenced from issuance of the advertisement, calling for applications from desirous candidates. Any change in even the marking pattern would amount to changing the rules of the game midway.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x5BYVuDlkCKkTlWjJErFYbE4b6PBOTBLiucSqUUORVDv&caseno=WA/249/2025&cCode=1&cino=GAHC010157032025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
