Rahul Pathak Vs the State of Assam and 5 Ors.

THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HIGHER EDUCATION, DISPUR, PIN- 781006.

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2:THE DIRECTOR OF HIGHER EDUCATION

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GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI PIN- 781311.

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3:THE PRINCIPAL B.B.K. COLLEGE NAGAON (BARPETA) PIN- 781311.

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4:THE SELECTION COMMITTEE REPRESENTED BY THE CHAIRMAN SELECTION COMMITTEE/EX- PRESIDENT OF THE GOVERNING BODY BBK COLLEGE NAGAON BARPETA PIN- 781311.

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5:PRINCIPAL

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B. .B. K. COLLEGE NAGAON (BARPETA) -CUM- MEMBER SECRETARY SELECTION COMMITTEE PIN- 781311. 6:VICE PRESIDENT OF B. K. K. COLEGE NAGAON (BARPETA) -CUM- MEMBER SELECTION COMMITTEE PIN- 781311. 7:ANITA THAKURIA W/O PRAFULLA TALUKDAR VILL AND PO NAGAON DIST BARPETA ASSAM PIN-78131

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Advocate for the Petitioner : DR R C BORPATRA GOHAIN, MRS. S BORPATRA GOHAIN,MS U SHARMA

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Advocate for the Respondent : SC, HIGHER EDU, MR. S P SHARMA(R-3,5),K AHMED (R3,5),MR. D NATH

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Linked Case : WP(C)/2659/2023

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HIRAKJYOTI DEV S/O- HALADHAR DEV R/O- VILL. AND P.O. CHENGA P.S. BARPETA ASSAM PIN- 781307.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HIGHER EDUCATION DISPUR PIN- 781006.

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2:THE DIRECTOR OF HIGHER EDUCATION

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GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI PIN- 781311.

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3:THE PRINCIPAL BAPUJEE COLLEGE SARUSHETRI BARPETA ASSAM 4:DIPAK TALUKDAR O/O- PRNCIPAL BAPUJEE COLLEGE SARUKSHETRI DIST. BARPETA ASSAM PIN- 781307.

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5:THE SELECTION COMMITTEE REPRESENTED BY THE EX-CHAIRMAN/ PRESIDENT OF THE GOVERNING BODY BAPUJEE COLLEGE SARUKSHETRI BARPETA ASSAM PIN- 781307.

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6:THE VICE PRINCIPAL-CUM-MEMBER SELECTION COMMITTEE OF BAPUJEE COLLEGE SARUKSHETRI BARPETA ASSAM PIN- 781307. -----------Advocate for : DR R C BORPATRA GOHAIN Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 5 ORS.

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Linked Case : WP(C)/2657/2023

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JURMATI PHANGCHO DEKA W/O-HARSHAJIT DEKA R/O- VILL.- NAGAON P.O. NAGAON

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DIST. BARPETA ASSAM PIN- 781311. VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HIGHER EDUCATION DISPUR PIN- 781006. 2:THE DIRECTOR OF HIGHER EDUCATION GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI PIN- 781019. 3:THE PRINCIPAL B.B.K. COLLEGE NAGAON (BARPETA) PIN- 781311. 4:THE SELECTION COMMITTEE REPRESENTED BY THE CHAIRMAN SELECTION COMMITTEE/EX- PRESIDENT OF THE GOVERNING BODY BBK COLLEGE NAGAON BARPETA PIN- 781311. 5:PRINCIPAL B. .B. K. COLLEGE NAGAON (BARPETA) -CUM- MEMBER SECRETARY SELECTION COMMITTEE PIN- 781311. 6:VICE PRESIDENT OF B. K. K. COLEGE NAGAON (BARPETA) -CUM- MEMBER SELECTION COMMITTEE PIN- 781311. -----------Advocate for : DR R C BORPATRA GOHAIN Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 5 ORS.

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Linked Case : WP(C)/2658/2023

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WAHEDUR RAHMAN S/O- MD. TAMIJ ALI VILL.- AND P.O. NAGAON P.S. BARPETA DIST. BARPETA ASSAM PIN- 781311.

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VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HIGHER EDUCATION DISPUR PIN- 781006. 2:THE DIRECTOR OF HIGHER EDUCATION GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI PIN- 781311. 3:THE PRINCIPAL B.B.K. COLLEGE NAGAON (BARPETA) PIN- 781311. 4:TIKEN PATHAK C/O- BISHNU PATHAK VILL.- BATIKURIHA P.O. BHELLA DAMURABOWA (NAGAON) DIST. BARPETA ASSAM PIN- 781309. 5:THE SELECTION COMMITTEE EPRESENTED BY THE CHAIRMAN SELECTION COMMITTEE/EX- PRESIDENT OF THE GOVERNING BODY BBK COLLEGE NAGAON BARPETA PIN- 781311.

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6:THE SELECTION COMMITTEE REPRESENTED BY EX. PRESIDENT OF GOVERNING B. .B. K. COLLEGE NAGAON BARPETA PIN- 781311. 7:PRINCIPAL B. .B. K. COLLEGE NAGAON (BARPETA) -CUM- MEMBER SECRETARY SELECTION COMMITTEE PIN- 781311.

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8:VICE PRESIDENT OF B. K. K. COLEGE NAGAON (BARPETA) -CUM- MEMBER SELECTION COMMITTEE PIN- 781311. -----------Advocate for : DR R C BORPATRA GOHAIN Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 7 ORS.

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BEFORE

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HON’BLE MR. JUSTICE NELSON SAILO

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O R D E R

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04.09.2025

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All these matters are taken up for disposal by this common order since the issues involved are similar and identical.

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2 . Heard Dr. R.C Borpatra Gohain, learned senior counsel assisted by Mrs. S. Borpatra Gohain, learned counsel for the petitioners, Mr. D.C Nath, learned counsel for the respondent No.7 in WP(C) No.2656/2023, Mr. A.R Tahbildar, learned Standing Counsel, Higher Education Department appearing for the said Department in all the cases and Mr. S.P Sharma, learned counsel appearing for Baosi Banikanta Kakoti College, Nagaon in WP(C) No.2656/2023, WP(C) No.2657/2023 and WP(C) No.2658/2023.

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3 . Be it stated herein that an advertisement was floated by Baosi

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Banikanta Kakoti College, Nagaon in the local daily “The Assam Tribune” for filling up of 06(six) Grade-IV posts in the said college and similarly, another advertisement was published on 31.08.2022 for filling up of 03(three) Grade-IV posts in Bapuji College, Sarukshetri in the district of Barpeta. The grievance expressed by the petitioners is that although the advertisement did not stipulate the manner in which the selection was to be made, the candidates were made to sit for written test, typing test as well as interview. Further, the so called Members of the constituted Selection Committee themselves submitted a complaint before the Director of Higher Education, Assam with regard to the manner in which the selection had been conducted in violation of the guidelines made by the State Government in this regard. It is submitted at the bar that although the Selection Committee made recommendations for appointment of the candidates concerned, but in view of the stay order passed by this Court, the selected persons have not joined their post.

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4 . This Court on 22.05.2023 while issuing notice of motion in respect of Grade-IV posts in Baosi Banikanta Kakoti College, Nagaon, had passed the following orders:-

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“Heard Dr. RC Borpatra Gohain, learned Senior Counsel assisted by Ms. U. Sharma, learned counsel for the petitioner.

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The challenge pertains to a selection process for, amongst others, GradeIV posts in Baosi Banikanta Kakoti College, Nagaon in the district of Barpeta which was initiated vide an advertisement dated 12.08.2022 published in the “Assam Tribune”. The principal grievance of the petitioner is that in the selection process, irrelevant and extraneous factors were taken into consideration in the form of computer application – which was not a part of the advertisement. Apart from other anomalies, the learned Senior Counsel has also submitted that

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there is defect in the constitution of the Selection Committee itself as the term of the President of the Governing Body of the College, who is the ex-officio Chairman of the Selection Committee, had expired in January, 2023. It is also submitted that the matter is at present pending consideration before the Director of Higher Education, Assam. He also points out that there is protest by certain Members of the Governing Body itself which would fortify the ground of challenge.

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Shri AR Tahbildar, learned Standing Counsel, Higher Education Department however submits that the present writ petition is a pre-mature one inasmuch as, no cause of action has arisen till now. He submits that as per Rules governing the field, the Director is required to approve the proceeding of the recommendation of the Selection Committee, which is yet to be done.

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Issue Notice, returnable by 4(four) weeks.

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Shri AR Tahbildar, learned Standing Counsel, Higher Education Department accepts notice on behalf of the respondent nos. 1 & 2. Extra copies of the writ petition be served upon him by tomorrow.

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Let notice be issued to the respondent nos. 3 to 8 by registered post with A/D. Steps by tomorrow.

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Heard the learned counsel on the interim prayer.

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Since it transpires that the Director of Higher Education is yet to pass orders on the recommendation of the Selection Committee, this Court is not inclined to pass any blanket order of stay. However to balance the equities, it is directed that after application of mind by the Director on the recommendation of the Selection Committee, no final orders be passed by the Department without leave of this Court. This Court also directs that since representation has been stated to be filed by the petitioner, the same may also be considered by the Director at the time of consideration of the recommendation of the Selection Committee.

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To facilitate such consideration, the petitioner is given liberty to serve

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fresh copies of the representation to the Director, Higher Education within a period of 3(three) days from today. 10. List this case on 14.06.2023 to enable Shri Tahbildar, learned Standing Counsel, Higher Education Department to produce the records pertaining to the matter of approval by the Director of Higher Education.”

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5 . From the above abstract, it may be seen that although Court was not inclined to pass a blanket order of stay on the selection process, but it was specifically mentioned that since a representation was said to have been submitted to the Director of Higher Education, Assam, the said authority should take the same into consideration while considering the recommendation made by the Selection Committee. Liberty was also granted to the petitioners to submit a fresh copy of such representation to the Director for necessary action.

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6 . The Director, apart from the other respondents has filed counter affidavit and in the said affidavit except for explaining the participation of the Chairman of the Selection Committee in spite of his term having expired, no explanation is offered as regards the consideration of the representation submitted by the petitioners in terms of this Court’s order.

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7 . Mr. A.R Tahbildar, learned Standing Counsel, Higher Education Department submits that in fact the Departmental records has not been returned to the Directorate and the same is with him and perhaps it is for this reason that the representation could not be taken into consideration.

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8 . At the stage, Mr. S.P Sharma, learned counsel appearing for the Baosi Banikanta Kakoti College, Nagaon submits that prior to the issuance of the stay order of this Court, three persons have been given their appointment orders, namely, Nitish Das, Dawinson Singner and Anita

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Thakuria, but however, they have not joined their appointed post in view of the interim order passed by this Court.

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9 . Having regard to the above position and taking into account the order passed by this Court on 22.05.2023 and without expressing anything on merit, the writ petitions are disposed of by directing the Director of Higher Education, Assam to consider the representation submitted by the petitioners on 24.03.2023 and also on 24.05.2023 with regard to the objection raised by them on the manner in which the selection have been conducted and pass a reasoned order. It is also provided herein that the petitioners shall also be given an opportunity of personal hearing before passing appropriate orders on the said representations.

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10 . The entire exercise should be carried out within a period of one month from the date of receipt of a certified copy of this order.

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11 . It is needless to provide herein that if the Director comes to a conclusion that the recommendation made by the Selection Committee is to be accepted, the recommendation made by the Selection Committee should be brought to its logical conclusion. It would however be open for the party aggrieved to seek remedy as would be permissible in law, if so advised.

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JUDGE

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Rahul Pathak v. the State of Assam and 5 Ors.

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Rahul Pathak v. the State of Assam and 5 Ors.

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