BISWAJIT SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U.K. Nair, learned senior counsel, assisted by Ms. M. Das, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned standing counsel for the Education (Higher) Department, Respondent no. 1 and Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. P.J. Phukan, learned standing counsel for Gauhati University, respondent nos. 2 to 4.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for setting aside resolution dtd. 26/2/2021, passed by the Executive Council of the Gauhati University (respondent no. 4) as well as the impugned order dtd. 26/2/2021 issued by the Registrar, Gauhati University (respondent no. 3), thereby releasing the petitioner from service as Director, College Development Council, Gauhati University and for consequential relief.

(3.) The case of the petitioner, in brief, is that in the month of March, 2013 the Gauhati University had issued an advertisement to fill up the post of Director, College Development Council. Pursuant to his application, the petitioner was selected and appointed to the said post by order dtd. 11/6/2015 and accordingly, the petitioner had joined in the said post on 27/6/2015. The petitioner claims that he was appointed in a permanent post. However, by the impugned resolution and order, the petitioner was released from service without giving him any opportunity of hearing, treating that the post to which the petitioner was appointed was a tenure post.