Dr. Bikash Ranjan Tahbildar vs The State Of Assam & Ors.

Heard Mr. H. Gupta, learned counsel for the petitioner. Also heard Mr. S. Das, learned Standing Counsel, Higher Education.

The petitioner, in the present writ petition, has inter alia, prayed for a direction upon the Respondent authorities to authorize to him his pay and allowances in the UGC scale of pay, prescribed for the post of Assistant Professor, w.e.f the date he had acquired his Doctor of Philosophy (Ph.D) Degree, i.e. w.e.f. 05.01.2026.

The petitioner herein was initially appointed in the Saraighat College on 15.12.2003 against the non-sanctioned post of Anthropology and he joined in his service on 16.12.2003. Pursuant to his appointment, the petitioner joined the said college and continued discharging his duties without any break and blemish to the satisfaction of the concerned authorities.

Mr. H. Gupta, learned counsel for the petitioner submits that pursuant to the approval of the Cabinet dated 09.06.2004, the Govt. Of Assam, Education (Higher) Department issued Office Memorandum dated 17.07.2004 for adjusting/ regularizing the services of the College teachers working in non-sanctioned posts in different deficit Grants-in-aid Colleges across the State as one time measure. It is submitted that following the Office Memorandum dated 17.07.2004 and pursuant to the orders passed by the Hon’ble High Court in different writ petitions, a final seniority list of 354 numbers of College teachers working against non-sanctioned posts and eligible to be adjusted against vacant sanctioned posts as per the said Office Memorandum was prepared and published on 22.04.2010 by the Director of Higher Education, Assam. It is also submitted that in the said seniority list, petitioner’s name appeared at Serial No. 316 in terms of his seniority. It is further submitted that after the preparation of the aforesaid final seniority list, the authorities regularized the service of the lecturers from the said seniority list of that college teachers on pick and choose manner and in this process the petitioner was left out from the purview of regularization. Being aggrieved, the petitioner had approached the Hon’ble High Court by filing WP(C) No. 193/2018 praying for a direction to the authorities for regularization of his service in terms of the Office Memorandum dated 17.07.2024. Thereafter, the Hon’ble High Court allowed the writ petition vide judgment and order dated 15.06.2018, thereby directing the authorities to regularize the petitioner’s service within a period of three months from the date of submission of certified copy of the order.

Mr. H. Gupta, learned counsel for the petitioner submits that pursuant to the order passed by the Hon’ble High Court dated 15.06.2018, the Director of Higher Education, Assam vide order issued under Memo No. DHE/CE/CC/03/2018/192 dated 31.07.2019, regularized the service of the petitioner in the sanctioned post of Assistant Professor in the Department of Anthropology in Saraighat College, Kamrup at the fixed pay of Rs. 21,600/-(Rupees Twenty One Thousand & Six Hundred only), which has been subsequently increased from time to time, with certain conditions. It is submitted by the learned counsel for the petitioner that at Condition No. 2, in the order dated 31.07.2019, the incumbent concern is required to qualify NET/SLET/Ph.D within two years otherwise his service will be discontinued and till then he will be paid fixed pay. It is also submitted that at the time of regularization of service, the petitioner did not possess Ph.D. Degree, however he had M. Phill Degree. It is further submitted that due to being over-aged for other Government Service and left with no other alternative option, petitioner was compelled to accept the conditions of the appointment order and joined his service on regularization on 02.08.2019.

Mr. H. Gupta, learned counsel for the petitioner submits that after regularization of services of the petitioner, the petitioner applied for Ph.D. Admission 2019-20 in the Cotton University. Accordingly, the petitioner appeared in the entrance examination for the Ph.D. Course on 25.10.2019 and got selected for pursuing the said course in the Cotton University after following due process as per the UGC guidelines and thereafter the petitioner was admitted in the Ph.D. programme on 15.02.2020 and was provisionally registered for pursuing research leading to Ph.D degree, subject to approval of the Research Council, in the Department of Anthropology, Cotton University, w.e.f. 15.02.2020 in the Faculty of Human and Social Sciences under the Supervision of Dr. Tiluttoma Baruah on the topic “A Cross Sectional Study of Growth and Nutritional Status among the Nath Children of Kamrup District, Assam”. The learned counsel for the petitioner submits that after getting selected for pursuing Ph.D. Programme, petitioner was issued No Objection Certificate (NOC) by the Principal, Saraighat College for pursuing the said course. It is submitted that after getting admission in the Ph.D. Programme, petitioner could not carry out his research work because it requires extensive field visit for interaction with the children and their families, for about one year due to the ongoing Covid-19 pandemic and nationwide lock-down at that relevant point of time. However, the petitioner carried out his research work and submitted his final Ph.D. thesis on 14.05.2025 and was declared qualified for the Degree of Philosophy (Ph.D.) on 05.01.2026.

The learned counsel for the petitioner submits that after obtaining the Degree of Philosophy (Ph.D) and having fulfilled the UGC norms for receiving UGC Pay Scale, petitioner approached the Principal of his College requesting him to take necessary action for granting him UGC Pay Scale from the date of acquiring the Ph.D. Degree i.e. with effect from 05.01.2026. It is submitted that pursuant thereto, the Principal of the said college vide letter dated 29.04.2026 submitted a proposal along with all relevant documents to the Director of Higher Education for granting regular UGC Pay Scale to the petitioner w.e.f. the date of obtaining Ph.D. Degree i.e. 05.01.2026. However, the concerned authority vide impugned order dated 12.06.2026, did not accede to the proposal for grant of regular UGC Pay Scale in respect of the petitioner, on the ground that the petitioner could not acquire the Ph.D. Degree within two years from the date of regularization of his service in terms of the condition stipulated in the order of regularization dated 31.07.2019, and therefore it was stated that the petitioner is not entitled to the regular UGC Pay Scale. Being aggrieved, the present writ petition has been filed.

Mr. H. Gupta, learned counsel for the petitioner, by reiterating the facts notices, hereinabove, has, at the outset, submitted that while it was permissible for a candidate to acquire the NET/SLET/ qualification within a period of 2 (two) years, however, a candidate opting to pursue a Ph.D. course of study, was not in a position to complete the said course within a period of 2 (two) years. Mr. H. Gupta, learned counsel for the petitioner submits that the condition no. 2 in the regulation order dated 31.07,2019 is arbitrary and without application of proper mind so far it relates to acquiring Ph.D. Degree within 2 years as because the minimum duration of the Ph.D. programme is 3 years including course work and maximum duration is 6 years as per the Regulation 4.2 of the University Grants Commission (Minimum Standards and Procedure for award of M.Phil/ Ph.D Degrees) Regulations, 2016. Mr. H. Gupta, learned counsel for the petitioner in support of his contention submits that the research work of the petitioner for acquiring the Ph.D. Degree requires extensive field visit for interaction with the children and their families and due to the ongoing Covid-19 pandemic and nationwide lock-down at that relevant point of time, the petitioner could not carry out his research work. However, the petitioner the petitioner completed his Ph.D. Degree within a period of 5 years 10 months and 20 days. It is also submitted that if the one year period of Covid-19 pandemic and nationwide lock-down is deducted, then the petitioner took about 4 years and 10 months to acquire the Ph.D. Degree, which is well within the period prescribed by the aforesaid UGC Guidelines of 2016. Mr. H. Gupta, learned counsel for the petitioner further submits that the said stipulations, as made in the order dated 31.07.2019, mandating acquiring of a Ph.D Degree by the petitioner within a period of 2 (two) years, is clearly perverse, inasmuch as, it is not permissible to acquire such Ph.D. degree from any recognized University, within a period of 2 (two) years. Mr. H. Gupta, learned counsel for the petitioner further submits that the petitioner having acquired his Ph.D. degree from a recognized University, by following the procedure, as mandated in this connection under the regulations of the UGC holding the field, the said degree has to be reckoned by the Respondent authorities and the petitioner is to be declared to have acquired all the requisite eligibility criteria for being appointed as an Assistant Professor, in a provincialised/ Government Degree College.

Mr. H. Gupta, learned counsel for the petitioner, in support of his submissions, has referred to a decision of a Coordinate Bench of this Court in the case of Arabinda Kumar Sharma vs. State of Assam & Ors. (judgment and order dated 09.11.2018 in WP(C) No. 1228/2015), and has contended that the Coordinate Bench of this Court, in the said decision, had held that a period of 2 (two) years, as stipulated for the purpose of acquiring the NET/SLET/Ph.D. qualification, was insufficient and at least a period of 5 (five) years was required to be so granted to the candidate in question. Mr. H. Gupta, learned counsel for the petitioner submits that the Coordinate Bench of this Court, for arriving at the said conclusion, had noticed the provision of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011, as well as the Assam Educational (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017, wherein, the provincialised employee, not having the prescribed UGC qualifications, was granted a period of 5 (five) years to acquire the said qualifications. The learned counsel for the petitioner also referred to a similar case where there was also a condition in the appointment order to qualify NET/SLET/Ph.D. within 2 years to receive regular UGC Pay Scale, the Co-ordinate Bench of this Court in W.P.(C) No. 5779/2016 (Jyotirupa Sarma vs. State of Assam) vide judgment and order dated 12.05.2023 held that the petitioner therein would be entitled to UGC Pay scale on and from the date when the incumbent has cleared NET/SLET/Ph.D. Degree and accordingly, the petitioner therein was granted the regular UGC Pay Scale from the date of acquiring Ph.D. Degree.

Mr. H. Gupta, learned counsel for the petitioner submits that in respect of the petitioner for acquiring the Ph.D. qualification, a period of more than 5 (five) years was required which was on account of the Covid-19 Pandemic, which was prevalent at the time when the petitioner had enrolled himself for undergoing the said Ph.D. programme with Cotton University, Guwahati. Accordingly, he submits that reckoning the period lost on account of Covid-19 pandemic, the Petitioner had completed his Ph.D. Programme within a period of 5 (five) years and accordingly, the said Degree, acquired by the petitioner is to be reckoned for the purpose of authorizing to the petitioner, his due pay and allowance in the UGC Scale of pay. Mr. H. Gupta, learned counsel for the petitioner also submits that the issue raised in the present writ petition is covered by the order dated 16.07.2026 passed by the Coordinate Bench of this Court in W.P.(C) No. 6572/2025, wherein the Court had considered the fact that upon being held to be qualified for being awarded the Degree of Doctor of Philosophy (Ph.D) by the University, the petitioner would be eligible to draw his pay and allowances against the post of Assistant Professor in the UGC scale of pay, with effect from the date of obtaining the said Degree, and, accordingly, submits that the present case may also be considered in the light of the said order.

Mr. S. Das, learned Standing Counsel, Department of Higher Education, Assam submits that the stipulations, with regard to the requirement of acquiring a NET/SLET/Ph.D. qualification, in respect of Lecturers/ Assistant Professors, working in a non-sanctioned post on their service being regularized against sanctioned posts from the provisions of an Office Memorandum dated 17.07.2004. Accordingly, he submits that the outer limit of 2 (two) years, as mandated for acquiring of the NET/SLET/Ph.D. qualification, being a policy decision adopted by the Respondent authorities, the same would mandate a strict implementation.

Mr. S. Das, learned Standing Counsel, Department of Higher Education, Assam, however, fairly submits that a Coordinate Bench of this Court, in the case of Arabinda Kumar Sharma (Supra), on a consideration of such stipulations made in the Office Memorandum dated 17.07.2004, having required the respondent Authorities, to extend the time period for acquiring the NET/SLET/Ph.D. qualification for a period of 5 (five) years, submits that in respect of a candidate, pursuing the Ph.D. programme and acquiring the same within the extended period, now coming into being, in terms of the said decision of this Court, would be permissible to be authorized his pay and allowance in the UGC scale of pay, as prescribed for the post of Assistant Professor. Mr. S. Das, learned Standing Counsel, Department of Higher Education, Assam submits that the petitioner, however, had not acquired the said Ph.D. Degree within the extended period of 5 (five) years. Mr. S. Das, learned Standing Counsel, Department of Higher Education, Assam submits that the initial fixed pay, authorized to the petitioner, has, however been revised from time to time and the petitioner presently is receiving an amount of Rs. 55,000 (Rupees Fifty Five Thousand Only) w.e.f. 04.11.2022 as fixed pay, for the services rendered by him as an Assistant Professor in the College in question.

I have heard the learned counsel for the parties and perused the materials available on record.

In terms of the provisions of the Office Memorandum dated 17.07.2004, the service of the petitioner, who was working against a non-sanctioned post in the College in question, was regularized against a sanctioned post vide an order dated 31.07.2019. However, in the order dated 31.07.2019, while regularizing the services of the petitioner, the following terms and conditions were incorporated:

In the present proceedings, the petitioner is aggrieved by the Condition No. 2, as incorporated in the said order dated 31.07.2019. A perusal of the Condition No. 2, as incorporated in the said order dated 31.07.2019, would go to reveal that the regularization, as effected in the case of the petitioner, against a sanctioned post, was subject to the condition that the petitioner would acquire either NET/SLET/Ph.D. Degree, within a period of 2 (two) years, from the date of issuance of the said order. The said condition also stipulates that in the event, the petitioner does not acquire the said qualification within a period of 2 (two) years, his service would be discontinued and further it was also stipulated that till the date the petitioner acquired the said qualification, he would be entitled only to a fixed pay.

As noticed, hereinabove, the petitioner opted to undergo a Ph.D. Degree programme, with the view to satisfy the requirement, as stipulated in Condition No. 2 in the said order dated 31.07.2019, and accordingly, selected Cotton University, Guwahati, as the Institution for pursuing the Ph.D. Course by him. The petitioner appeared in the examination for the Ph.D. Course on 25.10.2019 and got selected for pursuing the Ph.D. programme in the Cotton University after following due process as per the UGC guidelines and thereafter petitioner was admitted in the Ph.D. programme on 15.02.2020 and was provisionally registered for pursuing research leading to Ph.D. degree, subject to approval of the Research Council, in the Department of Anthropology, Cotton University, with effect from 15.02.2020 in the Faculty of Human and Social Sciences under the Supervision of Dr. Tiluttoma Baruah on the topic entitled “A Cross Sectional Study of Growth and Nutritional Status among the Nath Children of Kamrup District, Assam”. It is also noticed that after getting admission in the Ph.D. programme on 15.02.2020, the petitioner could not carry out his research work, which requires extensive field visit for interaction with the children and their families, for about one year due to the ongoing Covid-19 pandemic and nationwide lock-down at that relevant point of time. After successfully carrying out the research and submission of the final Ph.D. thesis on 14.05.2025, petitioner was declared qualified for the Degree of Doctor of Philosophy (Ph.D.) on 05.01.2026. After obtaining the Ph.D. degree, the petitioner approached the Principal of his College requesting him to take necessary action for granting him UGC Pay Scale from the date of acquiring his Ph.D. Degree. Pursuant thereto, the Principal of the said College vide letter dated 29.04.2026 submitted a proposal along with all the relevant documents to the Director of Higher Education for granting him regular UGC Pay Scale with effect from the date of obtaining the Ph.D. Degree i.e. 05.01.2026. However, the proposal for grant of regular UGC Pay Scale in respect of the petitioner was not acceded to by the concerned authority vide impugned order dated 12.06.2026, on the ground that the petitioner could not acquire the Ph.D. Degree within two years from the date of regularization of his service in terms of the condition stipulated in the order or regularization dated 31.07.2019.

The facts noticed, hereinabove, would go to reveal that admittedly, the Petitioner had not acquired his NET/SLET/ Ph.D. Degree, within a period of 2 (Two) years from the date of issuance of the order dated 31.07.2019. But it cannot be ignored that the Petitioner, having elected to pursue his Ph.D. Course, for the purpose of satisfying the conditions set out in the Condition No. 2 of the order dated 31.07.2019, it was impossible, on the part of the Petitioner, to complete the said course, within the prescribed period of 2 (two) years. However, what is to be noticed is that immediately after the order dated 31.07.2019, was so issued, the petitioner had taken up all requisite steps for getting himself enrolled for undergoing the Ph.D. Programme and had, thereafter, pursued the said course, strictly in accordance with the regulations for award of a Ph.D. degree, as formulated by the Cotton University, Guwahati and was declared qualified for award of the said Degree on 05.01.2026. The period taken by the Petitioner for completing his Ph.D. Course, is also found by this Court to be within the time frame prescribed in this connection, in the regulations formulated for award of the Ph.D. Degree by the Cotton University, Guwahati.

At this stage, this Court notices that a Coordinate Bench of this Court in the case of Arabinda Kumar Sharma (Supra), had an occasion to deal with a stipulation made in respect of, similarly situated Assistant Professors, who, on regularization of their services against sanctioned posts, were also required to acquire a NET/SLET/ Ph.D. qualification within a period of 2 (Two) years from the date of issuance of such orders, in their favour.

The Coordinate bench of this Court in the said decision, appreciating the time frame required for acquiring the said qualification and also noticing the provisions made in this connection, in respect of Teachers, provincialised under the provisions of the Act of 2011, as well as, the Act of 2017, had held that the period of 2 (two) years, as mandated, was insufficient and a period of 5 (Five) years, was required to be granted to such candidates for acquiring the NET/SLET/ Ph.D. qualification.

Applying the said decision to the facts of the case and also noticing the submissions made by Mr. S Das, Learned Standing Counsel, Department of Higher Education, Assam, that the Petitioner had not acquired the said qualification within a period of 5(five) years, this Court notices that the delay occasioning in the acquiring of more than 5(five) years, occasioning in acquiring of the said course by the Petitioner, was not on account of any fault, on the part of the Petitioner, but was on account of the Covid-19 pandemic, prevalent at the relevant point of time. Accordingly, it is seen that the Petitioner had acquired his Ph.D. degree after the initial registration, within a period of 5 (Five) years 10 (ten) months and 20 (twenty) days. But after deducting the one year period of Covid-19 pandemic and nationwide lock-down, the petitioner took about 4 years and 10 months to acquire the Ph.D. Degree.

The excess period of about one year, so required, occasioning on account of the Covid-19 pandemic situation prevalent at the relevant point of time after the completion of the entrance exam and got selected for pursuing the said course, this Court is of the considered view that the said excess period is required to be ignored. Accordingly, the Petitioner having completed his Ph.D. Degree course within a period of 5 (Five) years, the said degree would now be required to be reckoned by the concerned Respondent authorities for authorizing to the Petitioner, his pay and allowances in the UGC scale of pay, prescribed for the post of Assistant Professor.

In view of the above discussion, this Court is of the considered view that the Petitioner had fulfilled the Condition No. 2, as set-out in the order dated 31.07.2019, on being held to be qualified for being awarded the Degree of Doctor of Philosophy (Ph.D.) by the Cotton University, Guwahati, on 05.01.2026. Accordingly, the Petitioner would be eligible to draw his pay and allowances against the post of Assistant Professor in the UGC scale of pay, prescribed for the said post, w.e.f 05.01.2026. Accordingly, it is directed that the concerned Respondent authorities, shall authorize to the Petitioner his pay and allowances in the UGC scale of pay, prescribed for the post of Assistant Professor held by him, w.e.f 05.01.2026.

The arrears of pay, now working out in favour of the Petitioner, w.e.f 05.01.2026, shall be computed by the Respondent authorities and released to the Petitioner, after deducting the amounts paid to him as fixed pay, within a period of 3 (Three) months, from the date of receipt of a certified copy of this order, along with a representation from the Petitioner.

With the above observations and directions, the present Writ Petition stands disposed of.