STATE OF ASSAM Vs. BHABATOSH KUMAR ROY

JUDGEMENT

(1.) Heard Mr. D. Saikia, learned senior counsel for the appellant Health and Family Welfare Department of the Government of Assam and the other authorities under the Department. Also heard Mr. KN Choudhury, learned senior counsel/Mr. SK Goswami learned counsel for the respondent writ petitioner Dr. Bhabatosh Kumar Roy in WP(C) No.6640/2018 and Mr. MK Choudhury learned senior counsel for the respondent writ petitioner Regional Dental College Teachers Association (in short RDCTA) and others in WP(C) No.7231/2018.

(2.) These two intra-court appeals WA No.125/2019 and WA No.133/2019 being against the common judgment and order of the learned Single Judge dated 08.03.2019 in WP(C) No. 6640/2018 and WP(C) No. 7231/2018, we propose to give a consideration to the two appeals by this common judgment.

(3.) Wp(C) No.6640/2018 was instituted by the respondent Dr. Bhabatosh Kumar Roy assailing the notification dated 04.09.2018 of the Principal Secretary to the Government of Assam in the Health and Family Welfare Department, by which in the public interest the respondent Dr. Bhabatosh Kumar Roy, who was the Professor and Head of Department of Orthodontics, Regional Dental College (in short RDC), Guwahati was posted as the Principal-in-Charge of the Government Dental College, Dibrugarh till further orders or till the posting of a regular Principal, whichever is earlier. In the WP(C) No.6640/2018, the respondent writ petitioner Dr. Bhabatosh Kumar Roy took the following stands, amongst others, which are extracted below:-