WP(C) 475/2007 BEFORE THE HON’BLE MR. JUSTICE P.K. MUSAHARY Heard Mr. G. Alam, learned counsel for the petitioner. Also heard Smti. M. Gogoi, learned Standing Counsel, Education Department appearing for responden t No. 1 and 2. There is no representation from the respondent No. 3,4 and 5. The petitioner was appointed as Lecturer in zoology Department in the D.H.S.K. C ollege in the year 1991. Accordingly he joined in the said college and has been serving till he was dismissed on 29.12.2006 by the Governing Body of the College . The minimum educational qualification for appointment to the post of Lecturer is Ph.D Degree. At the time of appointment he did not produce the certificate fo r passing the Ph.D Degree. However, later on the College authority directed the petitioner to produce the original Ph.D. Degree certificate but he failed to do so and as such he was placed under suspension and disciplinary proceeding was in itiated against him. The petitioner participated in the disciplinary proceeding and admitted his guilt and requested the disciplinary authority to take lenient view. On such admission of the petitioner, the respondent College authority dis missed the petitioner from service on 29.12.2006. Against this dismissal order h e has approached this Court with a prayer for seting aside the same taking him b ack in service as lecturer of Zoology department. Mr. G. Alam, learned counsel for the petitioner submits that on the basis of the ejahar filed by the College a Criminal Proceeding was initiated against the pet itioner which was registered as G.R. Case No. 1463/2006 in the Court of learned CJM, Dibrugarh. In the aforesaid Criminal Proceeding vide judgment and order dat ed 5.3.2010, the petitioner has been acquitted and set at liberty as the prosecu tion measurably failed to prove the case against the spetitioner. A certified co py of the aforesaid judgment and order passed by the learned CJM, Dibrugarh has been produced by the petitioner at the time of hearing and made a prayer that i n view of the acquittal order of the Criminal Court, this Court may pass necessa ry direction to the respondent College authority to re-consider his case and tak e him back in service. I have given my anxious and serious thought on the prayer made by the learned co unsel for the petitioner. The petitioner, no doubt has been acquitted by the Cri minal Court but fact remains that he has not yet obtained the Ph.D. Degree which is the requisite qualification for appointment to the post of lecturer in colle ge. At this stage the learned counsel for the petitioner submits that at the tim e when the petitioner was appointed , it was not necessary to obtain the Ph.D. D egree and clearance of NET and SLAT and as such appropriate direction may be iss ued to the College authority concerned to re-consider the petitioner’s case and re-instate him in service. This submission has been made without showing the adv ertisement or the relevant rules/ guidelines in regard to the appointment of lec turer and as such his submission can not be accepted by the Court. In my considered view, since the Criminal Court has acquitted the petitioner fro m the criminal charges during the pendency of this writ petition the respondent college authority may re-consider the petitioner’s case taking into account his academic qualification being a gold medalist in M.Sc examination in the subject concerned and if he is found otherwise eligible as per the existing rules at th e relevant time and also subject to availability of the post in the respondent c ollege. The petitioner shall obtain a certified copy of this order and submit a representation along with copy of this order before the respondent college auth ority. The writ petition stands disposed of.