WP(C) 2245/2009 BEFORE HON\BLE MR JUSTICE PK MUSAHARY Heard Mr. B C Das, learned senior counsel assisted by Mr. PJ Phukan, learned cou nsel for the petitioners and Mr. UK Goswami, learned Standing Counsel, Educatio n Department for respondent Nos. 1, 2 and 4. I have also heard Mr. D Gogoi, lean red Standing counsel, Finance Department for respondent No. 3. The petitioner’s college which was established in 1983 is imparting general educ ation in commerce and it has been receiving deficit grants in aid since 1998 and subsequently provincialised in the year 2005. It claims that there is rapid inc rease in the enrolment of students. But the present strength of teaching staff i s not in a position to cope up with the demand/ requirement in imparting the edu cation in commerce stream. Mr. Das, learned senior counsel, placing the provision under Clause -37 of the O rdinance On Permission and Affiliation of Degree Colleges to the Gauhati Univers ity submits that minimum requirement of teaching staff for 3 (three) years Degre e course have been prescribed . Under such clause, in respect of B.Com (General) following are the minimum requirement: Course Subject Upto 1st Upto Upto 3rd Year 2nd year year B. Com.( General) English 1 2 2 MIL ( For each subject 1 1 1 Alt. Eng. Economics 1 2 2 Accountancy & Auditing 1 2 2 Business Organisation & Management 1 2 2 Commercial Law 1 1 1 Business Mathematics & Statistics 1 Secretarial Practice and Company Law 1 1 1 Banking 1 2 2 At present, as against the aforesaid requirement, the petitioners’ college is ha ving the following teaching staff: Sub For Degree For HS post Posts to Classes Classes sanctioned be sanctioned 1.English 02 01 03 00 2. M.I.L. a. Alternative English 01 01 Nil 02 b. Hindi 01 01 01 01 c. Bengali 01 01 01 01 d. Assamese 01 01 02 00 3.Economics 03 01 03 01 4. Accountancy & Auditing 04 01 03 02 5. Business Organisation & Management 04 01 03 02 6. Commercial law 01 -- Nil 01 7.Business Mathematics & Statistics 02 01 01 02 8.Secretarial Practice & Company Law 01 -- Nil 01 9.Commerce/ Finance/Banking 04 01 02 03 TOTAL 25 10 19 16 Faced with such problems, the petitioner’s college filed a representation on 08. 02.2008 addressed to the Director of Higher Education, Assam, Kahilipara, Guwaha ti, requesting him to sanction additional posts of teaching and non-teaching sta ff. The aforesaid representation was examined by the Director, Higher Education and a proposal was sent to the Principal Secretary to the Government of Assam, Education (Higher) Department, Dispur vide letter dated 19.05.2008. In the said letter, it has been observed that considering the performance and large enrolme nt, it is very much essential to sanction at least 15 posts of lecturers and 6 p osts of non-teaching staff . No response has been received from the Government , although an official proposal was sent by none other else than the Director co ncerned. Mr. Goswami, learned Standing Counsel, Education Department, submits that the sa nction of teaching staff depends on the enrolment position of students and such sanction could be made for the Graduate level of the college in as much as the c ollege has been defined under section 2 (a) of the Assam College Employees (Prov incialisation) Act, 2005, as under, College means any non-government college in Assam in receipt of deficit grants in aid from the Government and imparting general education in Arts, Commerce or Science Streams in Graduate Level . Mr. Gogoi, learned Standing Counsel, Finance Department submits that no proposal for sanction of teaching and non-teaching staff for the petitioner’s college ha s been received so far from the Education Department and as such, no action coul d be taken in this regard. From the submissions of the learned Standing Counsel, Education Deptt., it is we ll discernible that the Government in Education department , on principle, is n ot against sanctioning of additional posts provided it can be justified on the b asis of enrolment of students and fulfilment of requirements under section 2(a) of the Assam College Employees ( Provincialisation) Act. 2005. Further, it is di scernible that the proposal for sanction of staff sent by the Director concerned has been received by the Government in Education Department and the same is sti ll pending for consideration. It can be understood that the proposal sent by t he Director should be examined by the Government in Education Department and it may be forwarded to the Government in Finance Department with or without modific ation for obtaining concurrence from the Finance Department. This process is yet to be initiated by the Education Department. Since, an official / formal proposal for sanction of additional staff has been s ent and the same is still pending, I consider it fit and proper to issue a direc tion to the respondent No. 2, Principal Secretary, Higher Education Department t o examine the proposal sent by the respondent Director and pass a speaking order on the said proposal within a period of 3(three) months from the date of receip t of a certified copy of this order alongwith the pleadings. The speaking order so passed shall be communicated to the petitioner. With the aforesaid observations and directions this writ petitioner stands dispo sed of.