DR. TILOTTAMA BHARALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) As the challenges in the two proceedings converge on the selection and appointment of the Respondent No. 5 as the Principal of the Lakhimpur Commerce College, Lakhimpur ('College'), in view of the homogeneity of the pleadings and the issues seeking adjudication, these have been heard analogously and this determination would answer the debate before this forum.

(2.) I have heard Mr. P.J. Phukan, learned Counsel for the Petitioner, Mr. M.K. Khataniar, learned Standing counsel, Education Department, Government of Assam for the State Respondents, Mr. C. Baruah, learned Counsel appearing for the College and Mr. T.J. Mahanta, learned Counsel for the Respondent No. 5.

(3.) A synopsis of the pleaded account of the facts would be essential. The Petitioner joined in the Department of Assamese in the college on 1.8.1978 and thereafter obtained the M. Phil Degree from the Gauhati University. She was also selected to be empanelled in the list of the candidates prepared by the State Selection Board recommended for appointment to the post of Principal of deficit grants in aid colleges of the State. In response to the advertisement dated 6.1.2005, in the English daily "the Assam Tribune" inviting applications from the eligible candidates for the post of Principal of the college, the Petitioner, Respondent No. 5 and others responded thereto by offering their candidature. An interview of the eligible candidates was conducted on 4.6.2005. The Petitioner has alleged in particular, that the assessment of the candidates for the posts of Principal of deficit grants in aid colleges of Assam is to be essentially administered in terms of the guidelines embodied in the letter dated 20.2.2002 [Annexure-C to WP(C) No. 5210/051 formulated by the Education (Higher) Department, Government of Assam. In terms thereof, inter alia the marking system on the scale of 100 marks was prescribed as hereinbelow: <FRM>JUDGEMENT_66_LAWS(GAU)3_2010_1.html</FRM>