Disposed

Md. Mofidul Islam v. the State of Assam and 6 Ors.

Gauhati HC5 Nov 2024WP(C)/5677/2024

Case brief

AI extract

What is this about?

Petitioner alleged he was denied 27 marks for his degree and HSLC in an Assistant Professor (Political Science) selection at Rupahi College contrary to the Higher Education Department guidelines, and complained to the Director of Higher Education. The Court disposed of the writ petition directing the Director to consider the complaint and take a final decision.

What the court decided

AI extract

Md. Mofidul Islam Vs the State of Assam and 6 Ors. — Education and Admissions | Gauhati HC (2024)

¶1

Page No.# 1/3

¶2

GAHC010228652024

¶3

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

¶4

Case No. : WP(C)/5677/2024

¶5

MD. MOFIDUL ISLAM S/O- LATE NURUZ ZAMAL, RESIDENT OF VILLAGE- PUTHIKHAITY, P.O. RUPAHI, P.S.- RUPAHIHAT, DISTRICT- NAGAON, ASSAM, PIN- 782125

¶6

VERSUS

¶7

THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR, AND GUWAHATI-06

¶8

2:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI-19 DISTRICT- KAMRUP (M) ASSAM 3:THE GOVERNING BODY OF RUPAHI COLLEGE REPRESENTED BY ITS PRESIDENT RUPAHI COLLEGE P.O.- RUPAHI DISTRICT- NAGAON ASSAM, PIN- 782125

¶9

4:THE PRINCIPAL/SECRETARY OF RUPAHI COLLEGE REPRESENTED BY ITS PRESIDENT RUPAHI COLLEGE P.O.- RUPAHI DISTRICT- NAGAON ASSAM, PIN- 782125

¶10

5:THE CHAIRMAN OF THE SELECTION COMMITTEE OF RUPAHI COLLEGE CONSTITUTED FOR THE SELECTION OF ASSISTANT

¶11

Page No.# 2/3

¶12

PROFESSOR POLITICAL SCIENCE IN RUPAHI COLLEGE P.O.- RUPAHI DISTRICT- NAGAON ASSAM, PIN- 782125

¶13

6:UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS SECRETARY HAVING ITS OFFICE AT BAHADUR SHAH ZAFAR MARG NEW DELHI- 110002 7:CHANNIKA BORAH C/O- PRINCIPAL OF RUPAHI COLLEGE P.O.- RUPAHI DISTRICT- NAGAON ASSAM, PIN- 78212

¶14

Advocate for the Petitioner : MR. P MAHANTA, C SARMA,V KHAKHALARY

¶15

Advocate for the Respondent : SC, HIGHER EDU,

¶16

BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

¶17

ORDER

¶18

Date : 06.11.2024

¶19

1. Heard Mr. P. Mahanta, learned counsel for the petitioner. Also heard Mr. S. Das, learned standing counsel, Higher Education Department, for the respondent Nos. 1 & 2.

¶20

2. Pursuant to an Advertisement dated 03.09.2024 issued by the Principal & Secretary, Rupahi College for filling up one sanctioned post of Assistant Professor in Political Science Roster Point 2 (OBC/MOBC) at Rupahi College, the petitioner applied for the said post. Thereafter, the petitioner was issued the Call Letter for interview to be held on 07.10.2024 by the Principal, Rupahi College on 23.09.2024. The petitioner, accordingly, appeared for the interview, however, it is the allegation of the petitioner that the Selection Committee failed to award

¶21

Page No.# 3/3

¶22

the petitioner 22 marks for his degree and 5 marks for his HSLC, thereby depriving the petitioner of 27 valuable marks. The petitioner was given only a total of 43 marks in academic, which is against the Guidelines for selection of the Assistant Professor/Librarians in provincialised Government and Government Model College of Assam issued by the Higher Education Department by Office Memorandum dated 24.01.2022.

¶23

3. The Selection Committee accordingly recommended the case of one Channika Borah for the post of said Assistant Professor in Political Science in the Rupahi College. It is the further submission of the learned counsel for the petitioner that being aggrieved by the action of the Selection Committee by violating the Guidelines issued in terms of the Office Memorandum dated 24.01.2022, the petitioner filed a complaint before the Director, Higher Education, Assam on 14.10.2024. It is further submitted that the Director of Higher Education, Assam has not taken a final decision till date.

¶24

4. Considering the fact that the Director of Higher Education, Assam is yet to take a final decision with regard to selection for the post of Assistant Professor in Political Science in the Rupahi College and also taking into consideration that the petitioner has already filed a complaint on 14.10.2024, this writ petition is disposed of directing the Director of Higher Education, Assam to first consider the complaint made by the petitioner and thereafter, take a final decision in the matter.

¶25

5. With the above observations and directions, this writ petition is disposed of.

¶26

JUDGE

¶27

Comparing Assistant

Md. Mofidul Islam v. the State of Assam and 6 Ors.

Case brief

What is this about?

What the court decided

Md. Mofidul Islam v. the State of Assam and 6 Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shonab Uddin Mollah Vs State of Assam and Ors.

Shonab Uddin Mollah Vs the State of Assam and 7 Ors.

Shonab Uddin Mollah Vs the State of Assam and 7 Ors.

Md. Habibur Rahman Vs the State of Assam and 5 Ors.

Lal Mahmud Vs the State of Assam and 6 Ors.

Nripendra Sarmah Vs Preetom Saikia and 7 Ors.