Allowed

Dr. Dipankar Borah v. the State of Assam and 11 Ors.

Gauhati HC6 Feb 2024I.A.(Civil)/156/2024

Case brief

AI extract

What is this about?

In an application for impleadment, the Gauhati High Court allowed Dr. Dipankar Borah to be impleaded as Respondent No. 12 in a writ petition regarding a college appointment dispute. The court observed that the applicant had been appointed during pending proceedings, confirming his status as a necessary party.

What did the court decide?

Applicant allowed to be impleaded as party respondent No. 12 in the writ petition WP(C)No.865/2021.

Dr. Dipankar Borah Vs the State of Assam and… — Civil Procedure and Limitation | Gauhati HC (2024)

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GAHC010003632024

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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)/156/2024

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DR. DIPANKAR BORAH

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FORMER ASSISTANT PROFESSOR (BOTANY), KALIABOR COLLEGE, KALIABOR, NAGAON, R/O BAMGAON, BISWANATH CHARIALI, DIST. SONITPUR, PIN 784176, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 11 ORS

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REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (HIGHER) DEPTT., DISPUR, GUWAHATI 781006

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2:THE DIRECTOR OF HIGHER EDUCATION

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ASSAM KAHILIPARA GUWAHATI 781019

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3:THE GOVERNING BODY OF KALIABOR COLLEGE

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REPRESENTED BY THE PRESIDENT OF THE GOVERNING BODY KALIABOR COLLEGE KALIABOR DIST. NAGAON ASSAM PIN 782137

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4:THE SELECTION COMMITTEE FOR THE POST OF ASSTT. PROFESSOR (BOTANY) REPRESENTED BY THE SECY. CUM PRESIDENT OF KALIABOR COLLEGE KALIABOR NAGAON DIST. NAGAON

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ASSAM PIN 782137

5:THE PRINCIPAL

KALIABOR COLLEGE KALIABOR NAGAON DIST. NAGAON ASSAM PIN 782137

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6:PRABHAT GOSWAMI

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PRESIDENT GOVERNING BODY KALIABOR COLLEGE KALIABOR NAGAON DIST. NAGAON ASSAM PIN 782137

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7:PROF. DANDADHAR SARMA

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DEPTT. OF ZOOLOGY GAUHATI UNIVERSITY GUWAHATI 781014

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8:PROF. BHABEN TANTI

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DEPTT. OF BOTANY GAUHATI UNIVERSITY GUWAHATI 781014

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9:DR. KRISHNA MEDHI

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HEAD OF BOTANY DEPTT. NOWGONG COLLEGE NAGAON ASSAM 782001

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10:DR. BASISTHA KALITA

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HEAD OF THE DEPTT. OF BOTANY KALIABOR COLLEGE KALIABOR NAGAON

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DIST. NAGAON ASSAM PIN 782137 11:MS. DEBAJANI SAIKIA ASSTT. PROFESSOR DEPTT. OF BOTANY SUREN DAS COLLEGE HAJO P.O. HAJO DIST. KAMRUP ASSAM PIN 781102 12:DR. AMAD UDDIN S/O LATE IRMAN ALI R/O VILL. AND P.O. CHANGMAJI DIST. HOJAI ASSAM PIN 78244

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Advocate for the Petitioner : MR. M J BARUAH

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Advocate for the Respondent : MR J ABEDIN

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 07.02.2024

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Heard Mr. M.J. Bauah, learned counsel for the applicant. Also heard Mr. J. Abedin, learned counsel for the petitioner.

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By filing this application, the applicant has prayed for impleading him as party respondent No.12 in the writ petition being WP(C) 865/2021.

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The issue involved in the writ petition is with regard to selection of Assistant Professor in the subject Botany (OBC category) in the Kaliabor College, Nagaon.

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During the course of hearing, it is noticed by this Court that although the respondent authorities

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have given up the earlier selection process for appointment of Assistant Professor in the Kaliabor College, Nagaon, the applicant herein was found to have been appointed in the said post by holding another selection process when the matter is in seisen of this Court.

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Confronted with such situation, the respondent authority vide order dated 14.12.2023 has withdrawn the appointment of the applicant as per Clause 1 of the appointment order subject to the outcome of the final order in the present petition being WP(C) 865/2021 and the same has been taken judicial notice vide order dated 18.12.2023 by this Court.

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In view of the above facts and circumstances, I am of the view that the applicant is a necessary party to the writ proceeding as the withdrawal of the appointment is subject to the outcome of the present writ petition being WP(C)No.865/2021.

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Accordingly, the I.A. stands allowed. Dr. Dipankar Borah is allowed to be impleaded as party respondent No.12 in the writ petition being WP(C)No.865/2021

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I.A. stands disposed of.

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JUDGE

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Comparing Assistant

Dr. Dipankar Borah v. the State of Assam and 11 Ors.

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Dr. Dipankar Borah v. the State of Assam and 11 Ors.

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