Allowed

Nirmala Devi v. the State of Assam and 6 Ors.

Gauhati HC8 Dec 2020WP(C)/482/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a direction to withhold appointment letters and produce selection records via RTI regarding Assistant Professor posts. The court directed specific colleges to furnish the requested RTI information within seven days.

What did the court decide?

Direction to authorities of Biswanath College and Rangia College to provide RTI information within seven days.

Nirmala Devi Vs the State of Assam and 6 Ors. — RTI and Transparency | Gauhati HC (2020)

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GAHC010139412020

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

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WP(C)/482/2020

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NIRMALA DEVI D/O- KAMINI MOHAN SHARMA R/O- RAZGARH P.O- HUALKUCHI DIST- KAMRUP ASSAM PIN- 7851103

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VERSUS

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THE STATE OF ASSAM AND 6 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HIGHER EDU DEPTT DISPUR GHY- 06

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

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3:PRINCIPAL ADP COLLEGE NAGAON RRB RD HAIBARGAON NAGAON ASSAM PIN- 782002

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4:PRINCIPAL BISWANATH COLLEGE

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Page No.# 2/3

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BISWANATH COLLEGE ROAD BISWANATH CHARIALI ASSAM PIN- 784176 5:PRINCIPAL RANGIA COLLEGE RANGIA ASSAM PIN- 781354 6:PRINCIPAL BIJNI COLLEGE BIJNI DIST- CHIRANG BTAD PIN- 783390 7:PRINCIPAL ABHAYAPURI COLLEGE ABHAYAPURI MAIN ROAD ABHAYAPURI ASSAM PIN- 783384 -----------Advocate for : MR. T J MAHANTA Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 6 ORS.: Advocate ,

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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 : 08-12-2020

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Heard Mr. D. Mahanta, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for the Higher Education Department and Mr. G. Alam, learned counsel for the respondent No.3.

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The petitioner who participated in a selection process pursuant to five advertisements for the post of Assistant Professor in Economics in five different colleges concerned has instituted this petition with the following prayer:-

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“ a Writ in the nature of Mandamus should not be issued directing the respondent authorities to produce all the records, more particularly Respondent no- (Director of Higher Education, Assam) not to issue appointment letters till furnished the details of the selection including marks obtained by the candidates in those colleges which have been sought by RTI applications.”

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Page No.# 3/3

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Apparently the relief sought for is for a direction to the respondent authorities to provide all the records, particularly from the Director of Higher Education, Assam and not to issue any appointment letters till the required information including the marks obtained by the respective candidates are provided to the petitioner as sought for by him under the RTI.

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It is stated that during the pendency of the petition, the required information had been provided to the petitioner in respect of ADP College Nagaon, Bijni College, Bijni, Abhayapuri College, Abhyapuri.

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Mr. D. Mahanta, learned counsel has made a statement to that effect that in respect of Biswanath College, Biswanath and Rangia College, Rangia the required information had not been provided. As the only relief sought for is seeking some information under the RTI, we direct the authorities of Rangia College, Rangia and Biswanath College, Biswanath to provide the necessary information to the petitioner within a period of seven days from the date of receipt of the certified copy of the order.

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The information be provided as sought for in the RTI application of the petitioner both dated 05.01.2020 in respect of Biswanath College, Biswanath and Rangia College, Rangia, copy of which can be found at Annexures-4 and 5 to the writ petition.

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Writ petition stands allowed in the above terms. Interim order, if any passed earlier stands vacated.

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JUDGE

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Comparing Assistant

Nirmala Devi v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Nirmala Devi v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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