Disposed

Dr. (Mrs) Moyurima Borthakur v. the State of Assam and 2 Ors.

Gauhati HC7 Jun 2022WP(C)/39/2021

Case brief

AI extract

What is this about?

In this selection dispute, the Gauhati High Court directed the Director of Higher Education to decide within fifteen days whether a candidate's provisional Ph.D. degree met the application deadline for a vacant Assistant Professor post.

What did the court decide?

The writ petition was disposed of by directing the Director of Higher Education to pass a reasoned decision within fifteen days regarding the acceptance of the respondent's Ph.D. degree for the post o

Dr. (Mrs) Moyurima Borthakur Vs the State of Assam… — Service and Employment | Gauhati HC (2022)

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GAHC010000332021

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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)/39/2021

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DR. (MRS) MOYURIMA BORTHAKUR D/O PRADIP BORTHAKUR, C/O SRI SAMEERON BHATTACHARJYA, SUBJECT MATTER SPECIALIST (AGRONOMY), KRISHI VIGYAN KENDRA, JORHAT, ASSAM AGRICULTURAL UNIVERSITY, KALIAPANI, TEOK, JORHAT, PIN 785112, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECY TO THE GOVT. OF ASSAM, HIGHER EDUCATION DEPTT., DISPUR, GUWAHATI, DIST. KAMRUP (M), ASSAM, PIN 781006

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2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI KAMRUP (M) ASSAM PIN 781019

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3:THE PRINCIPAL BAHONA COLLEGE P.O. BAHONA DIST. JORHAT ASSAM PIN 785101

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4:THE TEZPUR UNIVERSITY NAPAAM TEZPUR- 784028 REPRESENTED BY THE REGISTRAR.

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5:PAKIZA BEGUM D/O- ABDUL GOFFUR R/O- WARD NO. 3 VILL.- TENPUR P.O. AND DIST.- GOLAGHAT ASSAM PIN- 785621

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Advocate for the Petitioner : MR A D CHOUDHURY Advocate for the Respondent : SC, HIGHER EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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07.06.2022

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Heard Mr. B Sinha, learned counsel for the petitioner, Mr. K Gogoi, learned counsel for the respondents No. 1 and 2 being the authorities in the Higher Education Department of the Government of Assam Mr. P Mahanta, learned counsel for the respondent No. 3 being the authorities of the Bahona College, Jorhat, Mr. Girin Pegu, learned counsel for the respondent No. 4 Tezpur University and Mr. JI Barbhuiya, learned counsel for the respondent No. 5 Dr. Pakiza Begum.

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Both the writ petitioner and the respondent No. 5 participated in a selection process for a post of Assistant Professor in Chemistry in the Bahona College, Jorhat as per the advertisement dated 21.06.2017. The last date for submission of application was 07.07.2017. In the selection process, the respondent No. 5 was awarded 07 marks by the Selection Committee towards Ph.D degree. The petitioner raised the objection that although the last date of submission of application was 07.07.2017, but the respondent No. 5 had obtained the Ph.D degree on 21.12.2017 and therefore, the Ph.D degree could not have been taken into consideration for evaluation of the candidature of the

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respondent No. 5.

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Upon such objection being raised, Mr. P Mahanta, learned counsel for the respondents in the Bahona College, Jorhat states that the Selection Committee had revisited the 07 marks of the respondent No. 5 and accordingly submitted a modified proposal before the Director of Higher Education, Assam for his approval. The Director of Higher Education, Assam under the aforesaid facts and circumstances required the opinion of the learned standing counsel for the Department as to which date is to be taken into consideration to be the date of the Ph.D degree of the respondent No.5.

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It is stated that there is a legal opinion of the learned standing counsel that there is a decision of the Board of Management of the Tezpur University from where the Ph.D degree was obtained by the respondent No. 5 that there was a provisional degree given on 21.06.2017 and accordingly, the date of the Ph.D degree of the respondent No. 5 is to be construed.

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We have taken note of that there is an interim order dated 06.01.2021, whereby there is a restraint order in filling up one post of Assistant Professor in Chemistry (UR) in the Bahona College pursuant to the aforesaid selection process. As the matter remained at the stage of the Director for his approval on the proposal of the Governing Body of Bahona College, we are of the view that the ends of justice would be met on a final decision being rendered by the Director upon perusal of records and taking note of all the attending facts and circumstances as well as the law involved in this regard.

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If the decision of the Director is that the Ph.D degree of the respondent No. 5 is to be accepted to have been obtained before the last date of submission of application form pursuant to the advertisement dated 21.06.2017,

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the Director may pass an order accordingly in granting approval to the appropriate proposal of the Governing Body of the College and on the other hand, if the Director is of the view that the Ph.D degree of the respondent No. 5 is subsequent to the last date of submission of application form pursuant to the said advertisement, again appropriate order in the circumstance may be passed.

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The Director to pass the reasoned order within a period of fifteen days from the date of receipt of a certified copy of this order and for the purpose, the Director may call for the entire records of the selection process as well as any other material that it may desire to rely upon, but under no circumstances, the final decision be delayed beyond the period of fifteen days.

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We are passing this order in the interest of the students of the college, who are suffering because of the litigation of two intending candidates for the post of Assistant Professor of Chemistry and the students are required to do without a teacher in the said subject.

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The interim order passed earlier shall continue till the date the Director passes the reasoned order.

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The writ petition is disposed of as indicated above.

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JUDGE

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Comparing Assistant

Dr. (Mrs) Moyurima Borthakur v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Dr. (Mrs) Moyurima Borthakur v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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