A writ petition challenging the apprehension of termination from service as a lecturer whose subject was removed from the curriculum. The court held that due process must be followed before disturbing service.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010185732018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 5829/2018
1:MOUSUMI BHATTACHARJEE
D/O. MANI K. BHATTACHARJEE, RESIDENT OF SUBHASPALLI, P.O. AND P.S. KOKRAJHAR, DIST- KOKRAJHAR, ASSAM.
VERSUS
1:THE SECRETARY TO THE B.T.C. AND 6 ORS. KOKRAJHAR
2:THE DIRECTOR OF EDUCATION B.T.C. KOKRAJHAR DIST.- KOKRAJHAR ASSAM.
3:THE PRINCIPAL KOKRAJHAR GIRLS COLLEGE P.O.- KOKRAJHAR DIST- KOKRAJHAR ASSAM.
4:THE PRESIDENT OF GOVERNING BODY KOKRAJHAR COLLEGE P.O.- KOKRAJHAR DIST.- KOKRAJHAR ASSAM.
5:THE STATE OF ASSAM REP. BY EDUCATION DEPARTMENT.
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BAMUNIMAIDAN GUWAHATI ASSAM PIN-781021.
7:GAUHATI UNIVERSITY JALUKBARI GUWAHATI ASSAM PIN-781014
Advocate for the Petitioner : MR. A KHALEQUE
Advocate for the Respondent : MR. K GOGOI (SC, HIGHER EDUCATION DEPT., R-5)
BEFORE HON'BLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
06.02.2020
None appears for the petitioner today also. Heard Ms. R.B. Bora, learned standing counsel, BTC, appearing for respondent Nos.1 and 2 and Mr. A.R. Tahbildar, learned standing counsel, Higher Education, appearing for respondent No.5.
2. The apprehension of the petitioner as highlighted in this petition is that though she was appointed as a Lecturer in the Department of Logic & Philosophy in Kokrajhar Girls' College on the recommendation of the Governing Body of the college vide appointment letter dated 01.09.2006 after going through the regular selection process, as because the said subject of Logic & Philosophy has been removed from the curriculum by the college authority, there is a possibility that she may also be removed from her service. Apparently, no order has been issued yet removing her from service. It appears that the petitioner had written to the
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authority against the said removal of the subject Logic & Philosophy in the said college.
3. Ms. Bora, learned standing counsel for the BTC authority submits that the said college was provincialised in the year 2013 and as regards removal of the said subject, the college authority took the decision considering the decreasing number of students in the said subject.
4. Be that as it may, since the petitioner was appointed by the Governing Body at the relevant time after undergoing the process, if the service of the petitioner has to be terminated on any count, the authorities are to follow the due process. In other words, without following the due process of law as applicable to the petitioner, the service of the petitioner shall not be disturbed or removed.
5. With the above observation, the present petition stands disposed of.
Sd/- N. Kotiswar Singh JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner's employment can be disturbed without following due process when the subject of appointment was removed from the curriculum.
What procedural safeguards the authorities must follow to terminate the petitioner's service.
Mousumi Bhattacharjee
The Secretary to the B.T.C.
The Director of Education
The Principal Kokrajhar Girls College
The President of Governing Body Kokrajhar College
The State of Assam
N. Kotiswar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
