WP(C) 5373/2010 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA This writ petition is against the Annexure-5 communication dated 20/08/2010 made to the Principal of the respondent College by the Deputy Director of Higher Edu cation, Assam. By the said communication, direction was issued to the Principal of the College to remove the petitioner from the post of Lecturer. The ground of such direction is that the petitioner did not have the eligibility criteria for the post of Lecturer. The writ petition was entertained by order dated 24/09/2010 with the int erim order directing the respondents to allow the petitioner to continue in the post of Lecturer in English in the respondent College. In-spite of the said dire ction when the petitioner was not allowed to continue in the College, he filed a Contempt Petition being Contempt Case (C) No. 370/2010. While contempt proceedi ng was drawn up, the respondents allowed the petitioner to continue in the Colle ge. To that effect they have passed order dated 10/05/2014. Thus, it is only on initiation of contempt proceedings, the respondent College authority complied wi th the aforesaid interim order and not otherwise. It is submitted that in view o f compliance of interim order, the contempt petition has been closed. The petitioner was appointed as Lecturer in English in the College on 16 /01/2000 pursuant to which the petitioner joined on 17/01/2000. As per the circular letter dated 06/09/1989, there was rounding off 54.5 % as 55%. The petitioner who secured 54.67 marks in his MA degree was thus entit led to get the benefit of said circular letter dated 6/09/1989. However, based o n a subsequent circular /guideline dated 20/02/2003, it was laid down that the c andidate must secure 55% in Masters degree and that there would be no rounding o ff 54.5% as55% w.e.f. 20/02/2003. If we go by the aforesaid position, the petitioner was eligible for appo intment as Lecturer he having secured 54.67% in his Masters Degree. However, suc h rounding as 55% was done away with w.e.f. 20/02/2003, before which date the pe titioner was appointed and also he had to his credit 54.67% mark in his Masters Degree, entitling to rounding off as 55%. In this connection, the petitioner has brought on record a speaking order dated 31/05/2013 of the Govt. of Assam in th e Higher Education Department. By the said order, referring to the question of r ounding off 54.5 as 55, the Govt. held that rounding off was available till 19/0 2/2003, which was done away with w.e.f. 20/02/2003. By the said order, the decis ion of the Government was conveyed to consider the appointment of such candidate s who secured 54.5% marks in their respective MA, M.Sc, M. Com final examination during the period from 06/09/1989 to 20/02/2003 by rounding off 54.5 as 55 as v alid. As per the said decision, such candidates should be considered as eligible for appointment as faculty members. Although, the respondent No. 3 in his affidavit has referred to the OM d ated 13/01/2000 of the Govt. of Assam in the Education (Higher Department) but t he same is not in respect of rounding off. By the said OM the required UGC norms was circulated notifying that for the post of Lecturer, 55% of marks is require d at the Masters’ Degree Level. Even when the 1989 circular letter was issued w hich has been referred to above, the requirement was to have 55% marks at the Ma ster degree level. However, by the said circular, fraction falling short of 55 f rom 54.5 was done away with rounding off 54.5 as 55. The petitioner having fulfi lled the said requirement, he was appointed and thus the Director of Higher Educ ation could not have ordered for his removal on the ground that he did not have 55% marks. In view of the above, this writ petition is allowed setting aside and qu ashing the impugned communication dated 20/08/2013 (Annexure-5), entitling the p etitioner with all consequential benefits. There shall be no order as to costs.