Disposed

Dr. Akram Chandrajit Singha v. the State of Assam and 4 Ors.

Gauhati HC6 Aug 2022WP(C)/5112/2022

Case brief

AI extract

What is this about?

A writ petition challenging the non-appointment of a petitioner for an Assistant Professor post on apprehension that the selection committee ignored guidelines regarding research marks and sports achievements was dismissed as premature. The Court directed the Director to hear both parties and pass orders considering all relevant documents within three weeks.

What did the court decide?

The writ petition was not entertained but the petitioner was directed to file a representation and the Director was mandated to issue final orders within three weeks after a personal hearing.

Dr. Akram Chandrajit Singha Vs the State of Assam and… — Service and Employment | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010156182022

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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)/5112/2022

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DR. AKRAM CHANDRAJIT SINGHA S/O SRI AKRAM CHANDRAMANI SINGHA, R/O HOUSE NO. 201, ITKHOLA, DIST-CACHAR, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM

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2:THE DIRECTOR HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-19

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3:THE GOVERNING BODY CACHAR COLLEGE SILCHAR TRUNK ROAD SILCHAR-788001 ASSAM REPRESENTED BY ITS PRINCIPAL/SECRETARY

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4:THE SELECTION COMMITTEE CACHAR COLLEGE SILCHAR TRUNK ROAD SILCHAR-788001 ASSAM

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Page No.# 2/4

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5:DR. ATANU NATH FATHERS NAME NOT KNOWN R/O LALA HAILAKAND

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Advocate for the Petitioner : MR. S P CHOUDHURY

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Advocate for the Respondent : SC, HIGHER EDU

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B E F O R E

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HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR

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06-08-2022

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Heard Mr. S.P. Choudhury, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Standing Counsel, Higher Education Department for Respondent Nos. 1 and 2.

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Pursuant to an advertisement No.1/2022 dated 21.02.2022, issued by the Principal, Cachar College, Silchar, calling for applications from eligible candidates having UGC norms for the posts of Assistant Professor in different subjects, the petitioner applied for the post of Assistant Professor- Physics in the Unreserved Category. Interview for the post of Assistant Professor in Physics was held on 25.03.2022. Thereafter, it is the case of the petitioner that the Selection Committee has put up the names of the selected candidates before the Director of Higher Education, Assam for taking a final decision in the matter. The said decision is yet to be taken by the Director of Higher Education.

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Further case of the petitioner is that the Higher Education Department, Government of Assam, issued Office Memorandum dated 24.01.2022, providing guidelines for selection of Assistant Professors/

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Librarians in provincialised, Government and Government Model Colleges of Assam. In the said guidelines, there is a provision for giving marks with regard to chapter/articles being published in research/text book with ISBN in the concerned subject, and also for Gold Medals in any event of Youth Festival conducted by Universities having affiliated colleges.

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It is also the case of the petitioner that he is the first prize winner in the individual sports event which was organized by the Assam University, Silchar, and as per the DHE guidelines, the petitioner is entitled to score 1 in the distribution of marks. It is the claim of the petitioner that the selection committee failed to consider the aforesaid guidelines while considering the case of the petitioner and, instead, the case of private Respondent No.5 was recommended.

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Thereafter, the Director, Higher Education, Assam by a communication dated 23.05.2022 addressed to all the Principals of Provincialized Colleges requested for submission of information/ documents as mentioned in the list for appointment of Assistant Professors in various Department of the Colleges. The said list was enclosed with the communication dated 23.05.2022. In the said list, the Cachar College appears at Serial No.21 and the name of Respondent No.5 appears at Column No.3 and the required document with respect to Respondent No.5 is teaching experience certificate.

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Learned counsel for the petitioner, therefore, submits that as on date the Respondent No.5 does not appear to have any teaching experience. Therefore, the Selection Committee could not have recommended the case of the Respondent No.5 for appointment as Assistant Professor in

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Physics, Cachar College, Silchar.

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After considering the materials available on record, it appears that the Director, Higher Education, Assam is yet to take a final decision in the matter and, therefore, the present writ petition, in my opinion, has been filed on apprehension. Accordingly, this Court is unable to entertain the present writ petition on apprehension and the same is, accordingly, dismissed.

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However, the petitioner is directed to file a representation enclosing all the relevant documents along with a copy of the writ petition and the annexures appended thereto before the Director of Higher Education, Assam, within a period of one week. On receipt of the representation, the Director of Higher Education, Assam, shall hear the petitioner in person along with Respondent No.5 and, thereafter, pass final orders for appointment of Assistant Professor – Physics in Cachar College, Silchar, by also taking into consideration the Office Memorandum dated 24.01.2022 issued by the Secretary to the Government of Assam, Higher Education Department within a period of three weeks’ from the date of receipt of the representation.

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JUDGE

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Comparing Assistant

Dr. Akram Chandrajit Singha v. the State of Assam and 4 Ors.

Case brief

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Dr. Akram Chandrajit Singha v. the State of Assam and 4 Ors.

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