Dismissed

Mousumi Gogoi v. Ankita Baruah and 5 Ors.

Gauhati HC2 Apr 2018I.A.(Civil)/3838/2017

Case brief

AI extract

What is this about?

The Court held that no further adjudication was needed as the Director withdrew the contested order regarding selection marks for teaching experience. The matter was remanded to the Governing Body to reconsider the selection strictly according to the Court's prior order.

What did the court decide?

Both the writ petition and contempt proceeding were closed. The Governing Body was directed to reconsider the matter strictly as per the Court's earlier order.

Mousumi Gogoi Vs Ankita Baruah and 5 Ors. — Pension and Retirement Benefits | Gauhati HC (2018)

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Page No.# 1/6

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GAHC010266152017

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 5555/2017

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1:ANKITA BARUAH

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D/O- SRI GIRIN BARUAH, R/O- WARD NO. 19, BARI GAON, P.S- JORHAT, DIST- JORHAT, ASSAM, PIN- 785001

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VERSUS

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1:THE STATE OF ASSAM and 5 ORS.

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATION DEPARTMENT HIGHER, DISPUR, GUWAHATI-6, ASSAM

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2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI- 19

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3:THE GOVERNING BODY J B COLLEGE REP. BY ITS CHAIRMAN JORHAT ASSAM PIN- 785001

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4:THE PRINCIPAL J B COLLEGE JORHAT ASSAM PIN- 785001

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5:THE SELECTION COMMITTEE REP. BY ITS CHAIRMAN. J B COLLEGE JORHAT ASSAM PIN- 785001

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Page No.# 2/6

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6:MOUSUMI GOGOI ASSTT.PROFESSOR MORAN MAHILA MAHAVIDYALAYA P.O- MORANHAT DIST- SIVASAGAR PIN- 78567

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Advocate for the Petitioner : MS.D BORGOHAIN

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Advocate for the Respondent : MR.S SHARMAR-4

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Linked Case : I.A.(Civil) 3838/2017

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1:MOUSUMI GOGOI

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VERSUS

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1:ANKITA BARUAH and 5 ORS.

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Advocate for the Petitioner : MS.B GOGOI Advocate for the Respondent : SC HIGHER EDUCATION

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Linked Case : Cont.Cas(C) 110/2018

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1:x x x (SUO-MOTO) X X X

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VERSUS 1:IN RE MR. B L SARMA DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER BONGAIGAON DIST- BONGAIGAON

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Page No.# 3/6

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PIN- 783380 (FORMERLY DIRECTOR DIRECTORATE OF HIGHER EDUCATION ASSAM)

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Advocate for the Petitioner : U K NAIR SC GHC Advocate for the Respondent : D SAIKIA SR.ADV.

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Linked Case : I.A.(Civil) 3334/2017

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1:ANKITA BARUAH

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VERSUS

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1:THE STATE OF ASSAM and 5 ORS.

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Advocate for the Petitioner : MS.K BARUAH Advocate for the Respondent :

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BEFORE

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HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 02-04-2018

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Heard Ms. D Borgohain, learned counsel for the petitioner and Mr. B Kaushik, learned Standing counsel for the authorities in the Higher Education Department and Mr. A Deka, learned counsel for the then Director of Higher Education Department against whom notice for contempt proceeding was issued which was registered as Cont.Cas(C)No.110/2018. Also heard Mr. UK Nair, learned Senior counsel appearing for the Gauhati High Court, inasmuch as, the said contempt case was initiated suo motu by the order dated 07.03.2018 in WP(C)No.5555/2017 and Mr. P

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Page No.# 4/6

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Saikia, learned counsel for the respondent No.6 in the writ petition as well as Mr. R Dhar, learned counsel for the respondent Nos.3, 4 and 5 being the authorities in the governing body of the JB College, Jorhat.

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Pursuant to an advertisement dated 19.05.2017 of the Principal JB College, Jorhat, amongst others, for the post of Assistant Professor, Political Science, both the petitioner as well as the respondent No.6 had offered their candidature. In the writ petition, the selection of the respondent No.6 by the newly constituted selection committee has been assailed on the ground that the petitioner was not given due credit for her teaching experience in the Dibrugarh University as well as in the Assam Women University for which 5 marks are allotted in the selection process.

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Earlier the petitioner had preferred a writ petition being WP(C)No.4704/2017 raising the issue as to whether her teaching experience in the aforesaid two Universities can be taken into consideration for the purpose of giving the marks under the heading ‘teaching experience’ for the purpose of the aforesaid selection. This Court by the order dated 07.08.2017 had held that as the teaching experience of the petitioner was gathered on a higher level of teaching, therefore, such experience cannot be ignored while being considered for selection to the post of Assistant Professor in a college.

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Inspite of the said provision by this Court in the order dated 07.07.2017, the Director of Higher Education by his order dated 04.09.2017 had held that the petitioner will not be entitled to any marks under the heading ‘teaching experience’ for her experience in teaching in the aforesaid two universities. The Director in his order of 04.09.2017 had referred to certain Office Memorandum of the Govt. of Assam to arrive at a conclusion that the petitioner is disentitled to the marks for her teaching experience in the Dibrugarh University and the Assam Women University. The said order of 04.09.2017 has been assailed in this writ petition.

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While hearing the said writ petition, this Court in its order dated 07.03.2018 had arrived at a conclusion that the said stand of the Director of Higher Education in arriving at his conclusion that the petitioner is not entitled to the teaching experience for her experience of teaching in Dibrugarh University and the Assam Women University is contrary and in violation of the order dated 07.08.2017

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in WP(C)No.4704/2017. Accordingly a contempt proceeding was also initiated against the then Director of Higher Education Assam which was registered as Cont.Cas(C)No.110/2018. While appearing in person before this Court on 21.03.2018, the then Director of Higher Education had made a submission that he had understood that the order dated 04.09.2017 was passed in an incorrect and inappropriate manner and that necessary steps would be taken for incorporating the necessary rectification. Pursuant thereto, the order dated 22.03.2018 has been passed by the present Director of Higher Education Assam by which the order dated 04.09.2017 has been withdrawn.

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In view of the subsequent order of 22.03.2018, no further adjudication is required in this writ petition as well as in the contempt proceeding. The order of 22.03.2018 further provides that the Governing Body of the college has been directed to reconsider the entire matter by taking into consideration the provisions of this Court in its order dated 07.08.2017 in WP(C)No.4704/2017.

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Mr. P Saikia, learned counsel for the respondent No.6 has raised an objection justifying the order of 04.09.2017. Such contention of Mr. Saikia cannot be accepted at this stage, when the Director himself had made a submission that the said order was passed on a wrong premises. As the matter has been remanded back to the Governing Body, it cannot also be concluded that there remains any further grievance of the respondent No.6. Further it is also noticed that the respondent No.6 is a respondent in the present proceeding , therefore, if the said respondent No.6 has any grievance and is of the view that his legal right has been violated in any manner, the respondent No.6 is at liberty to take recourse to appropriate provision of law.

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It is provided that on the matter being remanded back to the Governing Body, the Governing Body shall proceed strictly as per law.

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In terms of the above, both the writ petition being WP(C)No.5555/2017 as well as the Cont.Cas(C)No.110/2018 are hereby closed.

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Mr. A Deka, learned counsel for the contemnor/respondent shall provide a copy of the order dated 22.03.2018 to be kept on record.

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In view of the order passed in WP(C)No.5555/2018, this Court is of the view that no further order is required to be passed in IA(C)No.3838/2017, inasmuch as, the order dated 04.09.2017 itself has been recalled, therefore, there does not remain any further requirement for vacating the interim order passed in this writ petition.

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As regards the other interlocutory application in IA(C)No.333/2017, as the prayer made in the said interlocutory application was for bringing the order dated 04.09.2017 passed by the Director of Higher Education Assam. On record, no adjudication is also required in the said interlocutory application. Accordingly, both the interlocutory applications also stand closed.

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JUDGE

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Comparing Assistant

Mousumi Gogoi v. Ankita Baruah and 5 Ors.

Case brief

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Mousumi Gogoi v. Ankita Baruah and 5 Ors.

Case brief

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