Petitioner challenged appointment of another candidate in a reserved EWS category. Court held petition premature as appointment pending approval by Director. Disposed directing petition to approach the Director.
Petitioner directed to submit representation before Director of Higher Education regarding grievance. Petition disposed.
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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GAHC010015572021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/674/2021
SHOFIUL ALOM PATHAN S/O RAHUL AMIN PATHAN
RESIDENT OF BARIKA CHUBURI, PO TEZPUR, DIST SONITPUR, ASSAM 784001
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (HIGHER) DEPARTMENT, DISPUR GUWAHATI 6
2:THE DIRECTOR OF HIGHER EDUCATION
ASSAM KAHILIPARA GUWAHATI 19
3:THE GOVERNING BODY REPRESENTED BY ITS PRESIDENT GOVT. MODEL COLLEGE BORKHOLA PO JARAILTOLA CACHAR ASSAM 788127
4:THE SELECTION COMMITTEE
REPRESENTED BY ITS CHAIRPERSON GOVT. MODEL COLLEGE BORKHOLA PO JARAILTOLA CACHAR 788127
5:THE PRINCIPAL
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GOVT. MODEL COLLEGE BORKHOLA PO JARAILTOLA CACHAR 788127 6:DR. AYESHA AFSANA C/O THE PRINCIPAL GOVT. MODEL COLLEGE BORKHOLA PO JARAILTOLA CACHAR 78812
Advocate for the Petitioner : MRS. R DEVI
Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
10.02.2021
Heard Ms. R. Devi, learned counsel appearing for the petitioner. Also heard Mr. K. Gogoi, learned Standing Counsel, Higher Education for respondent Nos. 1 and 2.
Government Model College, Borkhola, Jaraitola, Cachar, on 17.10.2020, issued an advertisement for filling up of three posts of Assistant Professor in Sociology in the said College, along with some other posts. Out of those three posts of Assistant Professor of Sociology, one post was earmarked for candidates belonging to ‘unreserved’ category, one post was reserved for ‘OBC/MOBC’ category candidate and one post was reserved for candidate belonging to Economically Weaker Section. The petitioner being eligible, applied for the post of Assistant Professor of Sociology under the 10% quota reserved for candidates belonging to Economically Weaker Section (EWS). The College authority issued call letters dated 30.11.2020 and the interview was held on 05.12.2020. The petitioner could come to know that the respondent No.6 also applied for the said post of Assistant Professor in Sociology in said Government Model College, Borkhola pursuant to the advertisement dated 17.10.2020 and has been selected in the first position, both under the reserved category as
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well as under EWS category. It is also stated by the petitioner that the respondent No.6 on 05.12.2020 submitted an application before the Chairperson of the Selection Committee of said Government Model College, Borkhola and withdrew her candidature for the post of Assistant Professor of Sociology under the unreserved EWS category and prayed to consider her case only under ‘unreserved’ category. But the concerned Selection Committee of said Government Model College, Borkhola recommended the respondent No.6 for the post of Assistant Professor of Sociology in the said College, both under the ‘unreserved’ category as well as under ‘EWS’ category.
It is submitted by the petitioner that his merit position in the said selection for the post of Assistant Professor of Sociology in the said College is at Serial No.2 after the respondent No.6 under the EWS category. Hence, this writ petition by the petitioner for a direction to the respondents to appoint him as Assistant Professor of Sociology in said Government Model College, Borkhola against the post reserved for candidates belonging to EWS category pursuant to the said advertisement dated 17.10.2020.
On being enquired, it is stated by the learned counsel for the petitioner that the recommendation of the Selection Committee for the post of Assistant Professor of Sociology, as advertised by the authorities of Government Model College, Borkhola on 17.10.2020, has not yet been approved by the Director of Higher Education, Assam and the matter is pending at the stage of approval.
Rule 5 of the Assam College Employees (Provincialisation) Rules, 2010 provides for the method of recruitment, whereas Rule 7 of the said 2010 Rules relates to direct recruitment. Rule 5(2) of the said 2010 Rules provides that the post of Lecturer in such provincialized Colleges of the State shall be made by direct recruitment with prescribed qualifications through open advertisement in two leading dailies, at least in two consecutive issues. Rule 7(a) provides that all appointment, either by direct recruitment or by promotion, shall be made by the Director of Higher Education on the basis of recommendation of the Governing Body based on the recommendation of the duly constituted Selection Committee/ Departmental Promotion Committee, as the case may be, and that the Director shall communicate his order within thirty days.
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Since the matter of appointment to the post of Assistant Professor of Sociology in Government Model College, Borkhola pursuant to the advertisement dated 17.10.2020 is still pending before the Director of Higher Education, Assam, who is empowered to scrutinize the selection before granting any such approval to the recommendation made by the Governing Body of the College on the basis of the selection made by the concerned Selection Committee with regard to the post of Assistant Professor which is to be filled up by direct recruitment, the Court is of the view that this writ petition being premature, is not maintainable.
However, the petitioner may submit his representation before the Director of Higher Education, Assam, respondent No.2, regarding any such grievance pertaining to selection to the post of Assistant Professor of Sociology in Government Model College, Borkhola, as advertised by the authority of the said College on 17.10.2020.
With the aforesaid observation/direction, this writ petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ petition challenging the selection process is maintainable when the appointment is pending approval by the Director of Higher Education.
Whether the court can intervene in a recruitment matter where the selection recommendation has not yet been approved.
SHOFIUL ALOM PATHAN
STATE OF ASSAM
DIRECTOR OF HIGHER EDUCATION
GOVERNING BODY
SELECTION COMMITTEE
DR. AYESHA AFSANA
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
