JYOTIRUPA SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ application is a fight between the petitioner and respondent No. 5 with regard to the post of lecturer in Anthropology in the Arya Vidyapith College at Guwahati.

(2.) There was an advertisement to fill up the said post and in terms of the advertisement both the petitioner and respondent No. 5 filed applications. A Selection Committee was constituted in terms of the rules for selection of Lecturer of the College and accordingly the Selection Committee placed the petitioner at the top of the select list and respondent No. 5 in the second position. However, the Governing Body inspite of that selection, sent the name of respondent No. 5 for approval to the Director of Public Instruction and it was at that stage the petitioner's prays for a writ of mandamus should be issued directing the authorities to quash the recommendation of the Governing Body and a direction be given to the Director of Public Instruction to adhere to the select list of the Selection Committee. The comparative chart of academic distinction of the petitioner and the respondent No. 5 is available at para-9 of the writ application which is quoted herein below:-

(3.) It is stated herein that the petitioner also has taken numerous research activities, we are not concerned with this aspect of the matter as the sole question before this Court is that whether the Governing Body can deviate from the decisions of the Selection Committee and can make its own independent assessment and recommend a candidate for approval deviating from the merit list. This aspect of the matter is no longer res integra in view of the decision passed by this Court on 30.6.99 in Writ Appeal No. 114/98 in the case of Smti Reema Choudhury (Chakraborty)-Vs-State of Assam & Ors., wherein a Division Bench of this Court Laid down the law as follows: