Allowed

Shri Hafizur Rahman v. the State of Assam and 4 Ors.

Gauhati HC2 Jun 2022I.A.(Civil)/867/2022

Case brief

AI extract

What is this about?

This application concerns the regularization claims of Dr. Robiul Islam Mollah and Shri Hafizur Rahman. The court examined theDirector of Higher Education's order which questioned Dr. Mollah's 2003 appointment appointment documents but accepted Hafizur Rahman's claim. Finding no prima facie case for regularization at this stage,the court vacated an interim order and allowed the application.

What did the court decide?

The interim order dated 13.03.2020 in WP(C)/1965/2020 stands vacated, and the interlocutory application is allowed.

Shri Hafizur Rahman Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010034512022

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

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Case No. : I.A.(Civil)/867/2022

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SHRI HAFIZUR RAHMAN S/O- ABDUL MALEQUE VILLAGE-JHUNKAIPARA, P.O. SIMLABARI, P.S. BAGUAN, DIST. GOALPARA, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REP BY THE PRINCIAL SECY. TO THE GOVT. OF ASSAM, HIGHER EDUCATION DEPTT., DISPUR, GAUHATI-781006

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2:THE JOINT SECY. TO THE GOVT. OF ASSAM EDUCATION (HIGHER) DEPTT. DISPUR GAUHATI-781006

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3:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GAUHATI-19

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4:THE PRINCIPAL WEST GOALPARA COLLEGE PO BALARBHITA AMBARI GOALPARA ASSAM-783129

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5:DR. RABIUL ISLAM MULLAH S/O LATE ABDUL MULLAH PERMANENT R/O VILL BAPUJINAGAR PO BALADMARI

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PS GOALPARA DIST. GOALPARA ASSA

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Advocate for the Petitioner : MR. J AHMED

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Advocate for the Respondent :

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 02-06-2022

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Heard Mr. J Ahmed, learned counsel for the application respondent no. 5 Shri Hafizur Rahman and Mr. M Sarma, learned counsel for the writ petitioner Dr. Robiul Islam Mollah. Also heard Mr. A R Tahbildar, learned counsel for the respondents in the Higher Education Department, Government of Assam and Ms. A Choudhury, learned counsel for the respondent no. 4, Principal, West Goalpara College, Goalpara.

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Both the writ petitioner Dr. Robiul Islam Mollah and the applicant respondent no. 5 Shri Hafizur Rahman are claiming regularization against the post available in the Department of Political Science in the West Goalpara College for regularization of such Assistant Professors who were serving in non-sanctioned posts. The writ petitioner Dr. Robiul Islam Mollah makes a claim that he was appointed as an Assistant Professor/Lecturer in the West Goalpara College in the Department of Political Science on 14.11.2003 whereas the applicant respondent no. 5 Shri Hafizur Rahman was appointed as an Assistant Professor in the Department of Political Science of the West Goalpara College on 04.03.2004. The petitioner claims that the respondent authorities has also processed his claim for regularization and accordingly, points out that in the list of Assistant Professors enclosed to the communication dated 28.01.2019, the name of the petitioner appears. It is stated that in the same list, the name of the applicant respondent no. 5 also appears.

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Be that as it may, the writ petitioner instituted WP(C)/166/2018 wherein the order dated 04.11.2019 was passed and by the said order, there was a requirement of the Director of

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Higher Education, Assam to examine the respective claims of the writ petitioner as well as the applicant respondent no. 5 and thereupon pass a speaking order.

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Consequent thereof, the order impugned dated 28.02.2020 had been passed by the Director of Higher Education, Assam. In the third paragraph of the said order, the Director arrived at its conclusion that the applicant respondent no. 5 Shri Hafizur Rahman was appointed against a non-sanctioned post in the Political Science Department of West Goalpara College since 04.03.2004. On the other hand, in the fifth paragraph of the said order, the Director arrived at its conclusion that the writ petitioner Dr. Robiul Islam Mollah was appointed on 26.12.2013 as an Assistant Professor of Human Rights Education under a UGC Sponsored Scheme for a period of five years on a temporary basis. Secondly, the Director also arrived at its factual conclusion that no report is available in the West Goalpara College wherein the name of the writ petitioner Dr. Robiul Islam Mollah had appeared in the attendance register, aquittance roll, staff pattern, college prospectus etc. prior to 2013. The Director also arrived at its conclusion that the documents issued by the Principal of the West Goalpara College which the writ petitioner is relying upon to establish that he was appointed on 14.11.2003 could not have been issued inasmuch as the NAC accreditation was accorded to the college in the year 2005 whereas the official pad used by the college authorities in the appointment letters issued to the writ petitioner by the Principal on 14.11.2003 bearing the NAC accreditation could not have been made on 14.11.2003. In other words, even the appointment letter relied upon by the petitioner had been questioned by the Director.

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In the aforesaid premises, we do not find any prima facie case being made out by the petitioner at this stage to claim regularization against the post available in the Department of Political Science in the West Goalpara College, in which, in fact the applicant respondent no. 5 had been regularized.

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Accordingly, the interim order dated 13.03.2020 in WP(C)/1965/2020 stands vacated.

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The observation made in this interlocutory application shall not have its influence in the decision of the writ petition wherein the writ petitioner would be at liberty to rely upon any relevant material that he was in fact appointed on 14.11.2003 as an Assistant Professor in the Department of Political Science of West Goalpara College, Goalpara.

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8. I.A. stands allowed accordingly.

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JUDGE

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Comparing Assistant

Shri Hafizur Rahman v. the State of Assam and 4 Ors.

Case brief

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What did the court decide?

Shri Hafizur Rahman v. the State of Assam and 4 Ors.

Case brief

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