Page No.# 1/21 GAHC010250612025 2026:GAU-AS:9726 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6572/2025 ABDUL SALAM BARBHUIYA SON OF LATE AKRAM UDDIN BARBHUIYA, R/O- VILL.- SAHABAD PT-II, P.O. SAHABAD, DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION, DISPUR, GUWAHATI-06. 2:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI-06. 3:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:COTTON UNIVERSITY REPRESENTED BY ITS ACADEMIC REGISTRAR PANBAZAR GUWAHATI-781001 Advocate for the Petitioner : MR. M KHAN, MR A K DAS,MS J AKTAR Advocate for the Respondent : SC, HIGHER EDU, MR. P D NAIR (SC, COTTON UNIVERSITY),SC, COTTON UNIVERSITY,SC, FINANCE Page No.# 2/21 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 16.07.2026 Heard Mr. M Khan, Learned Counsel for the Petitioner. Also heard Mr. S Das, Learned Standing Counsel, Department of Higher Education, Assam, appearing for the Respondent Nos. 1 & 3. Also heard Mr. A Chaliha, Learned Standing Counsel, Department of Finance, Assam, appearing for the Respondent No. 2 and Mr. H Rahman, Learned Counsel appearing for Respondent No. 4. 2. 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 UCG scale of pay, prescribed for the post of Assistant Professor, w.e.f the date he had acquired his Doctor of Philosophy (Phd.) Degree, i.e. w.e.f 02.07.2024. 3. As projected in the Writ Petition, the Petitioner was initially appointed as a Lecturer in Persian language in Lala Rural College, Lala, District-Hailakandi, on 18.08.1999, against a non-sanctioned post by the Governing Body of the said College. The Governing Body had subsequently, in the year 2001, regularized the services of the Petitioner against the said non-sanctioned post and had authorized to Page No.# 3/21 the Petitioner, a lump-sum amount, as his pay for the service rendered by him in the College. In terms of a policy decision arrived at by the Respondent authorities, for accommodating the services of Lecturers/Assistant Professors, appointed against non-sanctioned posts, against sanctioned vacant posts, available in a College, the Petitioner was, vide order dated 25.04.2018, issued by the Director of Higher Education, Assam, absorbed against a vacant sanctioned post in Lala Rural College, Lala, District-Hailakandi, with immediate effect. 3.1 Amongst the conditions, as set-out in the said order dated 25.04.2018, it was stipulated that the Petitioner was to acquire his NET/SLET/Ph.D. qualification within a period of 2 (Two) years from the date of the order, failing which, his services would be discontinued. It was further stipulated that till he acquires either of the said qualifications, he would be paid his remuneration on a fixed basic pay of Rs, 21,600/- (Rupees Twenty One Thousand Six Hundred only). The said basic remuneration of the pay, however, was being revised from time to time. 3.2 In view of the prescription, as made in the order dated 25.04.2018, the Petitioner elected to pursue a Ph.D. programme from Cotton University. Accordingly, he approached the authorities of Lala Page No.# 4/21 Rural College, Lala, District-Hailakandi for grant of requisite permission for pursuing the said course. However, the authorities of the said College, rejected the claim of the Petitioner. 3.3 Being aggrieved, the Petitioner approached the Director of Higher Education, Assam, seeking a “No Objection Certificate (NOC)” for pursuing his Ph.D. Programme. 3.4 The Director of Higher Education, Assam, vide a communication dated 26.06.2019, required the Principal of the College for taking necessary action for issuance of a “No Objection Certificate (NOC)”, in favour of the Petitioner, for pursuing the Ph.D. Degree. Accordingly, the Petitioner was, on 25.07.2019, issued with the requisite “No Objection Certificate (NOC)” for pursuing his Ph.D. Course at Cotton University, Guwahati. Accordingly, the Petitioner got himself enrolled for the said Course on 11.10.2019. Thereafter, on completion of the mandatory Ph.D. Course work, a Course Work Report was issued in his favour on 10.01.2020. Thereafter, in terms of the procedure as mandated, a provisional registration was to be done. However, the meeting of the Research Advisory Committee, was not permissible to be so convened, in view of the Covid-19 Pandemic, as was prevalent at the relevant point of time. The meeting of the Page No.# 5/21 Research Advisory Committee was convened only on 18.03.2021. The Research Advisory Committee, thereafter, having approved the application of the Petitioner and the Petitioner was permitted to provisionally register himself as a Ph.D. research student on 09.08.2021. 3.5 In terms of the provisional registration granted to the Petitioner, the Petitioner was to apply for a final registration, within a period of 2 (Two) years, from the date of his provisional registration. Accordingly, the Petitioner pursued the work involved and on successful completion of the work, the Petitioner was granted a final registration, vide a communication dated 09.12.2022, w.e.f 15.02.2020. Thereafter, the Petitioner completed his research work and submitted his final Ph.D. Thesis Paper on 30.08.2023. On 27.06.2024, a notice was issued, informing the Petitioner that the Ph.D. Viva Voce examination would be conducted in his case, on 28.06.2024. 3.6 The Petitioner appeared before the Committee, constituted for conducting the Viva Voce examination, on 28.06.2024 and thereafter, vide notification dated 02.07.2024, the results of the Petitioner was declared and he was awarded a Ph.D. Degree by the Cotton University, Guwahati. The Petitioner having acquired his Ph.D. Degree, he Page No.# 6/21 submitted the relevant documents before the Director of Higher Education, Assam, with a prayer for removal of the stipulation made, in this connection, in his order of appointment dated 25.04.2018 and also grant to him, his pay and allowances in the prescribed UGC scale of pay. The Director of Secondary Education, Assam, thereafter, forwarded the application submitted by the Petitioner to the Government in the Department of Higher Education, Assam, seeking necessary instruction. The Government, thereafter, vide a communication dated 30.01.2015, proceeded to regret the prayer made by the Petitioner, for withdrawal of the condition imposed in his regularization order on the ground that the Petitioner had not completed his Ph.D. Course within a period of 2 (Two) years, as mandated in the order dated 25.04.2018. 3.7 The said decision of the Government was communicated to the authorities of Lala Rural College, Lala, District-Hailakandi by the Deputy Director of Higher Education, Assam, vide a communication dated 19.03.2025. Being aggrieved, the Petitioner has instituted the present Writ Petition. 4. Mr. M Khan, Learned Counsel for the Petitioner, by reiterating the facts noticed, hereinabove, has, at the outset, submitted that while Page No.# 7/21 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 of study, within a period of 2 (Two) years. Mr. M Khan, Learned Counsel for the Petitioner, has, in this connection, referred to the regulations for the degree of Doctor of Philosophy (Ph.D), issued by Cotton University and has contended that for completion of the said programme, a minimum period of 3 (three) years, is mandatorily required and a Ph.D. programme is permissible to be so acquired by a candidate, within a period of 6 (Six) years, from the date of his registration for the said Course. Mr. M Khan, Learned Counsel for the Petitioner submits that the said stipulations, as made in the order dated 25.04.2018, 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. M Khan, 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 Page No.# 8/21 be declared to have acquired all the requisite eligibility criteria for being appointed as an Assistant Professor, in a provincialised/Government Degree College. 4.1 Mr. M Khan, Learned Counsel for the Petitioner submits that although, in the order dated 25.04.2018, it was stipulated that in the event the Petitioner does not acquire a NET/SLET/ Ph.D. Degree, within a period of 2 (Two) years, his services shall be discontinued, the services of the Petitioner was not discontinued, rather, he was permitted to continue to teach the students in the College in question and was also permitted to pursue his Ph.D. Degree programme. Accordingly, he submits that having acquired the said qualification, the Petitioner at least, w.e.f the date of award of his Ph.D. Degree, would be entitled to receive his pay and allowances in the UGC scale of pay, prescribed for the post of Assistant Professor, held by him. 4.2 Mr. M Khan, 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 Page No.# 9/21 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. M Khan, Learned Counsel for the Petitioner submits that the Coordinate Bench of this Court, for arriving at the said conclusion, had noticed the provisions 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. 4.3 Mr. M Khan, 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 Page No.# 10/21 Petitioner, is to be reckoned for the purpose of authorizing to the Petitioner, his due pay and allowances in the UGC scale of pay. 5. 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 non-sanctioned post on their services 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. 5.1 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 Page No.# 11/21 extended period, now coming into being, in terms of the said decision of this Court, would be permissible to be authorized his pay and allowances 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, and accordingly, the Petitioner would not be entitled to receive his pay and allowances 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 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. 50,000/- (Rupees Fifty Thousand Only), as fixed pay, for the services rendered by him as an Assistant Professor in the College in question. 6. I have heard the Learned Counsel for the Parties and perused the materials available on record. 7. In terms of the provisions of the Office Memorandum dated 01.07.2004, the services of the Petitioner, who was working against a non-sanctioned post in the College in question, was regularized Page No.# 12/21 against a sanctioned post, vide an order dated 25.04.2018. However, in the order dated 25.04.2018, while regularizing the services of the Petitioner, the following terms and conditions were incorporated: Terms and conditions:- 1. The proposed regularization is governed as per provision made vide O.M. No.B(2)H.97/2003/98, dated 17-07-2004. 2. The incumbent concerned will be required to qualify in NET/SLET/Ph.D. within 2(two) years, otherwise his/her service will be discontinued and till then he/she will be entitled to get fixed (basic) pay as prescribed only from the date of joining subsequent to this order. 3. The appointment is made subject to receipt of satisfactory Police Verification Report. 4. The appointee concerned will have to submit an undertaking before joining in the college as prescribed by the Finance (Budget) Department vide its letter No.BW.3/2003/Pt./11/1, dated 25-01-2005 regarding introduction of "New Pension" Rules alongwith the joining report. 8. In the present proceedings, the Petitioner is aggrieved by the Condition No. 2, as incorporated in the said order dated 25.04.2018. A perusal of the Condition No. 2, as, incorporated in the said order dated 25.04.2018, would go to reveal that the Page No.# 13/21 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 services 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. 9. 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 25.04.2018, and accordingly, selected Cotton University, Guwahati, as the institution for pursuing the Ph.D. Course by him. The Petitioner being now a regularized employee, and being deemed to be a Government Servant, had approached the authorities of Lala Rural College, Lala, District-Hailakandi, seeking “No Objection Certificate (NOC)” for pursuing his Ph.D. Degree Course. The said prayer of the Petitioner, however, was rejected by the College authorities, requiring the Petitioner to approach the Director of Higher Page No.# 14/21 Education, Assam, praying for grant of an “No Objection Certificate (NOC)” for pursuing the said Ph.D. Course by him. 10. On account of the intervention made in the matter, by the Director of Higher Education, Assam, the authorities of Lala Rural College, Lala, District-Hailakandi, had issued to the Petitioner, an “No Objection Certificate (NOC)” on 25.07.2019, permitting the Petitioner to pursue his Ph.D. Course. Thereafter, the Petitioner, in terms of his selection for undergoing the Ph.D. Programme, undertook the mandatory Ph.D. Course work, after being enrolled as a Ph.D. Student, on 11.10.2019. The mandatory Course work, having been completed by the Petitioner, a Report, in this connection, was issued to him on 10.01.2020. In terms of the regulations for grant of Ph.D. Degree, as formulated by the Cotton University, Guwahati, the Research Advisory Committee was required to approve the grant of a provisional registration to the Petitioner for pursuing research, leading to his Ph.D. Degree. However, on account of the Covid-19 pandemic, which was prevalent at the relevant point of time, a meeting of the Research Advisory Committee was not permissible to be so convened and such meeting was convened only on 18.03.2021. The said Committee had, on consideration of the case Page No.# 15/21 of the Petitioner, granted to him a requisite approval, which had led to the Petitioner’s provisional registration being effected on 09.08.2021, for pursuing his Research Work leading to award of a Ph.D. Degree to him, by the Cotton University, Guwahati. 11. As per the said regulations of Cotton University, Guwahati, after being granted provisional registration, a candidate is to pursue his further Research which would then lead to a final registration. The final registration, in respect of the Petitioner, was granted on 09.12.2022. 12. The Petitioner, thereafter, pursued his research work and on completion of the same, submitted his Ph.D. Thesis paper, on 30.08.2023. It is seen that the completion of the Ph.D. research work and submission of his Ph.D. Thesis paper, was within the maximum time limit prescribed for the same under the regulations of the Cotton University, Guwahati, for award of a Ph.D. Degree. 13. Thereafter, the Petitioner was required to appear for a Viva Voce examination, scheduled on 28.06.2024. The Petitioner appeared before the Committee constituted for conducting the Viva Voce examination and the defended his research paper which was Page No.# 16/21 titled “Persian Studies in Barak Valley of Assam (1900-2000)”. Thereafter, the Petitioner having succeeded in defending his Thesis Paper, vide a notification dated 02.07.2024, the Petitioner was declared to have qualified for the award of the degree of Doctor of Philosophy (Ph.D.), by the Cotton University, Guwahati, against his topic of research “Persian Studies in Barak Valley of Assam (1900- 2000)”. It is projected that the Petitioner was conferred with the Ph.D. Degree in a convocation held in the matter by the Cotton University, Guwahati, after the declaration made in his case of having qualified for award of the said degree by the Executive Council of the Cotton University, Guwahati. It is seen that the Petitioner had thereafter, submitted an application, informing the Director of Higher Education, Assam, about acquiring the said Phd. Degree and also with regard to satisfaction of the Condition No. 2, made in the order dated 25.04.2018. 14. The application, as submitted by the Petitioner, was forwarded by the Director of Higher Education, Assam, to the Government under the Department of Higher Education, Assam, with a request for passing necessary instruction, in respect of the prayer, made by the Petitioner, for withdrawal of the conditions, as Page No.# 17/21 imposed in the order regularizing his services. However, it is seen that the Government, in the Department of Higher Education, Assam, vide a communication dated 30.01.2025, proceeded to reject the prayer of the Petitioner, on the ground that he had not acquired his Ph.D Degree within a period of 2 (Two) years, from the date of issuance of the said order of regularization, i.e. the order dated 25.04.2018. 15. 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 25.04.2018. 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 25.04.2018, 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 25.04.2018, 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 Page No.# 18/21 Ph.D. degree, as formulated by the Cotton University, Guwahati and was declared qualified for award of the said Degree on 02.07.2024. 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. 16. 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. 17. 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 Page No.# 19/21 period of 5 (Five) years, was required to be granted to such candidates for acquiring the NET/SLET/ Ph.D. qualification. 18. 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 delay, initially occasioning in granting of a “No Objection Certificate (NOC)” to the Petitioner and thereafter, the delay, occasioning in convening of the Research Advisory Committee meeting, after the Petitioner had enrolled himself as a Ph.D. student, on 11.10.2019 and had received the report, with regard to the satisfactory completion of his Course Work on 10.01.2021. 19. It is seen that the meeting of the Research Advisory Committee, was so convened only on 18.03.2021. The delay in convening of the meeting of the Research Advisory Committee, was on account of the Covid-19 pandemic, prevalent at the relevant point of Page No.# 20/21 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 8 (eight) months and 21 (twenty one) days. 20. The excess period of 8 (eight) months and 21 (twenty one) days, so required, being attributable to the delay, occasioning in granting of a “No Objection Certificate (NOC)” to the Petitioner, for pursuing his Ph.D. Course and thereafter, the delay, occasioning on account of the Covid-19 pandemic situation prevalent at the relevant point of time after the Petitioner had completed his Course Work, 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 Respondent No. 4 for authorizing to the Petitioner, his pay and allowances in the UGC scale of pay, prescribed for the post of Assistant Professor. 21. 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 25.04.2018, on being held to be qualified for being awarded the Degree of Doctor of Philosophy (Ph.D.) by the Cotton University, Guwahati, on 02.07.2024. Accordingly, the Petitioner Page No.# 21/21 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 02.07.2024. Accordingly, it is directed that the Respondent No. 4, 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 02.07.2024. 22. The arrears of pay, now working out in favour of the Petitioner, w.e.f 02.07.2024, 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. 23. With the above observations and directions, the present Writ Petition stands disposed of. JUDGE Comparing Assistant