Wahedur Rahman Vs the State of Assam and 7 Ors. — Gauhati HC (2025) — LawSathi Research

Wahedur Rahman Vs the State of Assam and 7 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petitions disposed of by directing the Director of Higher Education, Assam to consider the petitioners' representations dated 24.03.2023 and 24.05.2023 on objections to the manner of selection, afford the petitioners a personal hearing, and pass a reasoned order within one month of receipt of certified copy; if the Selection Committee's recommendation is accepted, it is to be brought to its logical conclusion, with liberty to aggrieved parties to seek lawful remedies.

Issue for consideration

Whether the selection process for Grade-IV posts was vitiated by stages/criteria not stipulated in the advertisement (written test, typing test, interview, and computer application), i.e., irrelevant and extraneous factors. +2 more

Ratio / Principle

The Director of Higher Education, Assam is directed to consider the petitioners' representations dated 24.03.2023 and 24.05.2023 regarding objections to the manner of selection and to pass a reasoned order.

Key takeaways

The writ petitions are disposed of without expressing anything on merit; the merits of the challenge to the selection are left open.obiter¶9
The petitioners shall be given an opportunity of personal hearing before appropriate orders are passed on their representations.ratio¶9
The entire exercise (consideration of representations and reasoned order) is to be completed within one month from receipt of a certified copy of the order.ratio

Detailed headnote1 paragraphs

Gauhati High Court (Hon'ble Mr. Justice Nelson Sailo), order dated 04.09.2025, disposing of four connected writ petitions — WP(C) No.2656/2023 (Rahul Pathak), WP(C) No.2657/2023 (Jurmati Phangcho Deka), WP(C) No.2658/2023 (Wahedur Rahman) and WP(C) No.2659/2023 (Hirakjyoti Dev) — by a common order, since the issues were similar and identical. The petitions challenged Grade-IV selections: six posts in Baosi Banikanta Kakoti College, Nagaon (advertisement in 'The Assam Tribune') and three posts in Bapuji College, Sarukshetri, Barpeta (advertised 31.08.2022). Grievances: selection stages (written test, typing test, interview) not stipulated in the advertisements; computer application used as an extraneous factor; alleged defect in the constitution of the Selection Committee as the President of the Governing Body (ex-officio Chairman) continued after his term expired in January 2023; and members of the Selection Committee themselves having complained to the Director of Higher Education about violation of State guidelines. By order dated 22.05.2023 the Court had declined a blanket stay but barred final orders without its leave and required the petitioners' representation to be considered. The counter affidavit offered no explanation for non-consideration of the representations dated 24.03.2023 and 24.05.2023. Held: writ petitions disposed of without expressing anything on merit; Director of Higher Education, Assam directed to consider the said representations, give the petitioners a personal hearing, and pass a reasoned order within one month of receipt of certified copy; if the Selection Committee's recommendation is accepted, it is to be brought to its logical conclusion, with liberty to aggrieved parties to pursue permissible legal remedies. Appointment orders earlier issued to Nitish Das, Dawinson Singner and Anita Thakuria remain unjoined owing to the interim order.

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GAHC010102942023

2025:GAU-AS:12018

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

Case No. : WP(C)/2656/2023

RAHUL PATHAK

S/O- MRIGENDRA PATHAK, R/O- VILL.- NAGAON, P.O. NAGAON, P.S. BARPETA, 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- 781311.

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

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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

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

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

Linked Case : WP(C)/2659/2023

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

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

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GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI PIN- 781311.

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

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

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.

Linked Case : WP(C)/2657/2023

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

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

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.

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.

BEFORE

HON’BLE MR. JUSTICE NELSON SAILO

O R D E R

04.09.2025

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

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.

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.

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:-

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

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.

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.

Issue Notice, returnable by 4(four) weeks.

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.

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

Heard the learned counsel on the interim prayer.

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.

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.”

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.

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.

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.

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.

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.

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.

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.

JUDGE

Comparing Assistant

Procedural history

How this case reached the court

AI extract

Order under challenge
Selection process for Grade-IV posts in Baosi Banikanta Kakoti College, Nagaon (Barpeta), initiated by advertisement dated 12.08.2022 in 'The Assam Tribune'; challenged by the petitioners as vitiated by irrelevant/extraneous factors and defects in the constitution of the Selection Committee.¶4
Selection Committee / Baosi Banikanta Kakoti College, Nagaon · 12.08.2022
Prior proceeding
Advertisement floated by Baosi Banikanta Kakoti College, Nagaon in 'The Assam Tribune' for filling up 06 (six) Grade-IV posts.¶3
Prior proceeding
Another advertisement published on 31.08.2022 for filling up 03 (three) Grade-IV posts in Bapuji College, Sarukshetri, district Barpeta.¶3
Prior proceeding
Petitioners' grievance: although the advertisement did not stipulate the manner of selection, candidates were made to undergo written test, typing test and interview.¶3
Prior proceeding
Members of the constituted Selection Committee themselves complained to the Director of Higher Education, Assam about the manner of selection allegedly in violation of State Government guidelines.¶3
Prior proceeding
Alleged defect in constitution of the Selection Committee: term of the President of the Governing Body (ex-officio Chairman) had expired in January 2023.¶4
Prior proceeding
By order dated 22.05.2023 the Court issued notice, declined blanket stay of the selection process, but directed that after application of mind by the Director no final orders be passed without leave of the Court.¶4
Prior proceeding
Though the Selection Committee made recommendations, in view of the stay order passed by this Court the selected persons have not joined their posts.¶3
Prior proceeding
In the counter affidavit, apart from explaining the participation of the Chairman despite expiry of his term, no explanation was offered regarding consideration of the petitioners' representation in terms of the Court's order.¶6
Prior proceeding
Learned counsel for the College informed the Court that prior to the stay order, appointment orders were issued to Nitish Das, Dawinson Singner and Anita Thakuria, who have not joined due to the interim order.¶8