Sri Gourav Banik Vs the State of Assam and 4 Ors.

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GAHC010226822025

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

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Case No. : Review.Pet./254/2025

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SRI GOURAV BANIK

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S/O PREMTOSH BANIK, R/O BASUDEVALAYA APARTMENT, H. NO. 11/1/E OPP TO K.C. NURSING HOME, TULAPATTY, SILCHAR, P.O. AND P,S. SILCHAR SADAR DIST CACHAR, ASSAM PIN -788001.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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

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2:THE ADDITIONAL SECRETARY TO THE GOVT OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWAHATI-6.

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3:THE DIRECTOR OF TECHNICAL EDUCATION ASSAM KAHILIPARA GUWAHATI 19

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4:THE PRINCIPAL

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KARIMGANJ POLYTECHNIC MAIZGRAM DIST SRIBHUMI ASSAM PIN -788712

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Rajib Digitally signed by Rajib Kumar Roy Kumar Roy Date: 2025.11.17 14:40:42 +05'30'

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5:THE PRINCIPAL SILCHAR POLYTECHNIC MEHERPUR SILCHAR DIST CACHAR ASSAM

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PIN - 78801

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Advocate for the Petitioner : MR. D BARUAH, MS. P HANDIQUE,MR. P K BORDOLOI Advocate for the Respondent : SC, HIGHER EDU,

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BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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14.11.2025

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Heard Mr. D. Baruah, learned counsel for the petitioner and also heard Mr. D. Upamanyu, learned standing counsel, Higher Education (Technical) Department, appearing for the respondents.

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2. Mr. Baruah, learned counsel for the petitioner submits that the petitioner herein a graduate in Mechanical Engineering, has preferred one writ petition, being WP(C) No.2651/2025, with a prayer for issuing direction to the respondent authorities to consider him for being appointed as Lecturer under the provision of Regulation 3(f) of the Assam Public Service Commission (Limitation of Function) Regulation, 1951 under the Department of Higher Education (Technical), Government of Assam, as per Cabinet decision dated 24.09.2024 and the letter dated 29.10.2024 and also in the light of the order dated 01.05.2025, passed by this Court in WP(C) No.938/2025.

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3. Thereafter, by a common order dated 11.09.2025, this Court was pleased to dispose of the WP(C) No.2651/2025, along with WP(C) No.2665/2025 and while the WP(C) No.2665/2025 was allowed by this Court directing the respondent authorities to appoint the petitioners of WP(C) No.2665/2025, in the vacant post of Lecturers in Electrical Engineering Department with a direction to carry out the said exercise within a period of 4(four) weeks, the WP(C) No.2651/2025, filed by the present petitioner was dismissed on account of non-availability of post lying vacant in the department of Civil Engineering. But, Mr. Baruah, learned counsel for the review petitioner, referring to the

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Annexure-1 of the petition at page No.15, submits that the petitioner was of the Mechanical Engineering Department, not of the Civil Engineering Department and referring to page No.20, Annexure-6 of the present petition, he submits that the Annexure-6 is the vacancy status of Polytechnics of Assam, filed by the Director of Technical Education, Assam, which indicates that in the Department of Mechanical Engineering, 4 posts are lying vacant in Polytechnics and as such, error in the paragraph Nos.6 and 10 of the order dated 11.09.2025, is apparent on the face of the record and also on the face of the documents enclosed herewith and therefore, he submits that there is a requirement of reviewing the observation made by this Court in paragraph Nos.6 and 10 of the order dated 11.09.2025 and also prayed for allowing the writ petition and to direct the respondent authorities to appoint the petitioner under Regulation 3(f) of the Assam Public Service Commission (Limitation of Function) Regulation, 1951.

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4. Mr. Upamanyu, learned standing counsel for the respondent authorities submits that the department has no objection in the event of making necessary correction in the paragraph Nos.6 and 10 of the order dated 11.09.2025, and in allowing this petition.

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5. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also perused the order dated 11.09.2025.

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6. It appears that Annexure-1, at page No.15 of the present petition, which was part of the record of WP(C) No.2651/2025, and which was annexed as Annexure-2, at page No.26 of the said WP(C) No.2651/2025, and perusal of the same indicates that the petitioner is a holder of degree of Bachelor of Engineering in Mechanical Engineering branch and further, from the vacancy status, submitted by the State respondents in the said petition, which is annexed with the present petition as Annexure-6 and in the writ petition as Annexure-II, at page No.120, shows that 4(four) posts of Lecturers in Mechanical Engineering in Polytechnics of Assam are lying vacant. Thus, error is apparent on the face of the record in the observation made by this Court in paragraph Nos.6 and 10 of the order dated 11.09.2025.

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7. In that view of the matter, this Court is inclined to allow this review petition by modifying the order dated 11.09.2025, that there is vacancy position in the Polytechnics of Assam in Mechanical Engineering Department and the petitioner being the decree holder in Mechanical Engineering, is entitled to be appointed under Regulation 3(f) of the Assam Public Service Commission (Limitation of Function) Regulation, 1951 under the Department of Higher Education (Technical), Government of Assam, as per Cabinet decision dated 24.09.2024 and the letter dated 29.10.2024 and also in the light of the order dated 01.05.2025, passed by this Court in WP(C) No.938/2025.

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8. Accordingly, by a mandamus of this Court, the respondent authorities are directed to appoint the petitioner, namely, Gourav Banik to the post of Lecturer in Mechanical Engineering, which are lying vacant in Polytechnics of Assam and the said exercise shall be carried out within a period of 4(four) weeks from the date of receipt of certified copy of this order in the review petition. The petitioner shall obtain a certified copy of this order and place the same along with the order dated 11.09.2025, passed in WP(C) No.2651/2025, before the respondent authorities within a period of one week from today.

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Sd/- Robin Phukan JUDGE

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Sri Gourav Banik v. the State of Assam and 4 Ors.

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Sri Gourav Banik v. the State of Assam and 4 Ors.

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