JYOTISHMOY BORA Vs. GOVERNING BODY PRAGJYOTISH COLLEGE

JUDGEMENT

(1.) The question to be answered in this writ petition is whether a writ would lie against a private college for irregularities in the appointment of teachers against non-sanctioned post.

(2.) I have heard Mrs. N. Saikia, learned counsel for the petitioner as well as Mr. B.K. Sarma, learned senior counsel for respondents No.1 and 2, Mr. D.R. Gogoi, learned counsel for respondent No. 3 and Mr. A.M. Buzarbaruah, learned Govt. Advocate, Assam.

(3.) In pursuance of an advertisement published by the respondent College, the petitioner and the respondent No. 3 along with others applied for the non-sanctioned post of Lecturer in Geography with specialisation in Cartography in Master Degree level. Both the writ petitioner and the respondent No. 3 have had the requisite qualifications. The Selection Committee interviewed the candidates on 28.2.2002 and, thereafter, prepared a list on merit placing the writ petitioner as the first nominee. Despite that, to the deprivation of the writ petitioner, respondent No. 3, the third nominee was appointed by the College Authority.