Jintu Medhi Vs the State of Assam and 6 Ors.

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GAHC010166572024

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2025:GAU-AS:4114

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

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Case No. : WP(C)/4197/2024

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JINTU MEDHI S/O- GOPAL MEDHI, R/O- KHANAJAN, BORJARI NO-1, MORIGAON, ASSAM PIN-782411

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR, GUWAHATI-781006.

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2:THE DIRECTOR OF HIGHER EDUCATION

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ASSAM KAHILIPARA GUWAHATI PIN- 781019.

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3:THE GOVERNING BODY OF BHAWANIPUR ANCHALIK COLLEGE REPRESENTED BY THE SECRETARY OF THE MANAGING COMMITTEE OF BHAWANIPUR ANCHALIK COLLEGE BHAWANIPUR DISTRICT- BARPETA ASSAM PIN- 781352.

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4:THE SELECTION COMMITTEE FOR ENGAGEMENT OF JUNIOR ASSISTANT BHAWANIPUR ANCHALIK COLLEGE BHAWANIPUR DIST. -BARPETA ASSAM

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PIN- 781352. (REPRESENTED HEREIN BY THE SECRETARY OF THE SELECTION COMMITTEE CUM PRINCIPAL OF BHAWANIPUR ANCHALIK COLLEGE.)

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5:THE PRINCIPAL

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BHAWANIPUR ANCHALIK COLLEGE BHAWANIPUR DIST.- BARPETA ASSAM PIN-781352. 6:THE GOVERNING BODY OF BHAWANIPUR ANCHALIK COLLEGE BHAWANIPUR DISTRICT- BARPETA ASSAM PIN- 781352. REPRESENTED BY THE SECRETARY OF THE CUMPRINCIPAL BHAWANIPUR ANCHALIK COLLEGE

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7:HIMANGSHU DAS S/O- TARUN CH. DAS R/O- SALBARI DIST- BAKSA ASSAM PIN-78131

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Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY

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Advocate for the Respondent : SC, HIGHER EDU, MRS. S KHATANIAR (R-5)

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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04.04.2025

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Heard Mr. S. Dey, learned counsel for the petitioner. Also heard Mrs. S. Khataniar, learned counsel for the respondent Nos.3, 5 & 6 and Mr. S. Bhuyan, learned counsel for the respondent Nos.1 & 2. No one appears for the

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respondent Nos. 4 & 7.

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As per the order dated 24.01.2025 passed by this Court, notice upon the respondent No.7 is deemed to be completed.

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The petitioner has prayed for setting aside the selection list dated 23.04.2023 issued by the Selection Committee as well as by the Governing Body of the Bhawanipur Anchalik Panchayat, by which the name of the respondent No. 7 has been selected for appointment as Junior Assistant under the Other Backward Classes (OBC) category, pursuant to the advertisement dated 15.03.2023. The petitioner has also prayed for setting aside the appointment order dated 05.10.2023, appointing the respondent No.7 as Junior Assistant pursuant to the selection process held in relation to the Advertisement dated 15.03.2023.

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3. The petitioner’s case is that Pursuant to an advertisement dated 15.03.2023 issued by the Principal/ Secretary, Bhawanipur Anchalik College, Bhawanipur, Barpeta, the petitioner applied for the post of Junior Assistant (Grade-III) under the OBC category. The process for selection of Junior Assistant (Grade-III) was made in terms the Guidelines of Grade-III and GradeIV Employees of Provincialized Government Model College issued vide Communication dated 18th May, 2017.

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4. It is the case of the petitioner that in the said selection, the petitioner obtained 60.993 total marks and the respondent No. 7 obtained 43.951 total marks under the OBC category, for the post of Junior Assistant (Grade-III) of the said college. The petitioner, therefore, claims that as he has obtained higher marks than the respondent No. 7, he should have been recommended for

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appointment to the post of Junior Assistant (Grade-III) under the SC category. However, the Selection Committee has recommended the case of the respondent No. 7, who has obtained lesser marks than the petitioner for appointment to the post of Junior Assistant (Grade-III).

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5. Mrs. S. Khataniar, learned counsel for the respondent Nos. 3, 5 & 6 submits that at the relevant point of time, the present Principal in-charge and Secretary of the Governing Body of the college was not holding the post of Principal and Secretary of the Governing Body of the college.

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6. Mr. S. Bhuyan, learned counsel for the respondent Nos. 1 & 2 submits that as the Director has not taken a final decision on the selection made by the Selection Committee/Governing Body, for appointment to the post of Junior Assistant, pursuant to the advertisement dated 15.03.2023, the grievance of the petitioner can be looked into by the Director, who will thereafter take a final call on the issue.

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7. I have heard the learned counsels for the parties.

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8. A perusal of the affidavit filed by the Principal in-charge and Secretary of the Governing Body of the college shows that there is no denial of the petitioner’s averments made in para 9 of the writ petition, which is to the effect that the petitioner has secured 60.993% marks, as against the marks secured by the respondent No. 7, i.e., 43.951% marks, during the selection process. There are also no averments made by the respondent Nos. 3, 5 & 6 in their affidavit, defending the selection of the respondent No. 7, for appointment to the post of Junior Assistant.

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9. The facts as can be culled out from the pleadings clearly show that there has been an illegality, inasmuch as, the petitioner has secured higher marks than the respondent No. 7 in the selection process.

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10. In that view of the matter, this Court is of the view that the selection of the respondent No.7 over the petitioner seems to be arbitrary and unreasonable. Accordingly, the selection of the respondent No. 7 by the Selection Committee is hereby set aside. The Director is directed to take a decision as to whether the petitioner or the respondent No. 7 should be appointed to the post of Junior Assistant of the college, on the basis of the marks secured by the candidates in the selection process, pursuant to the advertisement dated 15.03.2023. The matter is not being remanded to the selection committee for reconsideration, on account of the reasons stated above, wherein it appears that the selection committee has not been fair in selecting the respondent No. 7. The entire exercise should be concluded within a reasonable period and not later than two months from the date of receipt of a certified copy of this order.

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11. Consequently, the appointment order dated 05.10.2023 appointing the respondent No.7 as Junior Assistant is hereby set aside

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12. The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Jintu Medhi v. the State of Assam and 6 Ors.

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Jintu Medhi v. the State of Assam and 6 Ors.

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