Dr Suman Paul Vs the State of Assam and 3 Ors.

2:THE DIRECTOR HIGHER EDUCATION DEPARTMENT KAHILIPARA GUWAHATI- 781019 3:THE PRINCIPAL CUM SECRETARY OF GOVERNMENT BODY GOVERNMENT MODEL COLLEGE BORKHOLA VILLAGE- BORKHOLA P.O.- JORAILTOLA DISTRICT- CACHAR ASSAM. PIN CODE- 788127 4:THE SELECTION COMMITTEE FOR THE POST OF ASSISTANT PROFESSOR DEPARTMENT OF POLITICAL SCIENCE GOVERNMENT MODEL COLLEGE BORKHOLA VILLAGE BORKHOLA P.O.- JORAITOLA DIST- CACHAR ASSAM-78812

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Advocate for the Petitioner : MR. R MAJUMDAR, MS. J GHOSH,MR. JUNM LASKAR Advocate for the Respondent : SC, HIGHER EDU,

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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08.08.2025

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Heard Mr. R. Majumdar, learned counsel for the petitioner. Also heard Mr. S. Das, learned counsel for the respondent Nos. 1 & 2.

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2. By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking, inter alia, the declaration of the select list/comparative statement dated 15.02.2025 for the post of Assistant Professor, Department of Political Science, Government Model College, Borkhola, District Cachar, Assam, pursuant to the Advertisement dated 26.08.2023 as valid.

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3. The brief facts of the case is that the petitioner applied for the post of Assistant Professor (unreserved), Department of Political Science, Government Model College, Borkhola, District Cachar, Assam, pursuant to the Advertisement dated 26.08.2023. It is the specific case of the petitioner that since the petitioner performed well in the interview which he had appeared on after being called, no select list was published and the post was still lying vacant, he sought information and documents from the authorities.

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4. It is the further case of the petitioner that as per the information received, altogether 3 (three) candidates including the petitioner appeared in the

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interview held on 15.02.2024 and as per the comparative statement dated 15.02.2024, one Dr. Nazrul Islam stood 1^st obtaining 62.82 marks and the petitioner stood 2^nd obtaining 58.42 marks.

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5. It is the further case of the petitioner that since he has come to learnt that Dr. Nazrul Islam, who stood 1^st in the selection held on 15.02.2024 has joined another provincialised College against the regular vacant post, he made another RTI application seeking documents and accordingly came to know that Dr. Nazrul Islam opted for better job and he joined in the post of Assistant Professor, Department of Political Science (unreserved) at Bikoli Collegge, Dhupdhara, District Goalpara on 08.10.2024 as per the Appointment Order dated 07.10.2024.

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6. Situated thus, the petitioner filed a representation on 29.11.2024 before the respondent No. 2 stating all the aforesaid facts about his selection at 2^nd position and about the joining of the candidate who stood at 1^st position in another College. Since the aforesaid representation has not been disposed of till date, the present writ petition has been filed.

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7. I have heard the learned counsels for the contending parties and have perused the materials available on record.

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8. Considering that the grievance of the petitioner has already been canvassed in the representation filed before the respondent No. 2 on 29.11.2024, which is still not being considered till date, this Court, in the interest of justice, deems it appropriate to dispose of this writ petition at the motion stage itself by directing the respondent No. 2 to dispose of the

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representation dated 29.11.2024 filed by the petitioner by a reasoned and speaking order, in accordance with law, within a period of 1 (one) month from the date of receipt of a certified copy of this order.

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9. It is needless to be clarified that till the respondent authorities disposed of the aforesaid representation dated 29.11.2024, no fresh recruitment process shall be initiated to fill up the said post of Assistant Professor, Department of Political Science, Government Model College, Borkhola, District Cachar, Assam.

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10. Accordingly, the writ petition stands disposed of.

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11. It is needless to be clarified that the petitioner shall also provide a copy of the writ petition alongwith the certified copy of the Court’s order before the respondent authorities in order to do the needful.

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JUDGE

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Dr Suman Paul v. the State of Assam and 3 Ors.

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