MD HAYATUL ISAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Whether the Governing Body of a College could tinker with the selection made by the Selection Committee is the issue involved in this writ petition. The admitted position is that the petitioner was placed at serial No. 1 by the Selection Committee constituted by the Governing Body of the College, but as per the resolution adopted by the Governing Body the respondent No. 5 was sought to be appointed. It was at that stage, the writ petition was filed and this Court by an interim order provided not to accord the required approval towards such selection and appointment.

(2.) Pursuant to the advertisement dated 23.11.1999 issued by the Principal of the B.N. College, Dhubri for the post of Lecturer in Statistics, the petitioner and the respondent No. 5 along with many others offered their candidatures. In the advertisement the specialisation prescribed was special paper in any one of Econometrics/Operational Research/ Reliability/Design of Experiments/Multi Vareate Analysis. The petitioner has special paper in Operational Research, while the respondent No. 5 has special paper in Econometrics. Acomparative statement in respect of the academic distinction between the petitioner and the respondent No. 5 as reflected in the interim order passed by this Court on 24.8.2000 and as reflected in the materials on record are re-produced below : - Petitioner Respondent No. 5

(3.) The Selection Committee constituted by the Governing Body of the College carried out the selection as per the Annexure-7 guideline dated 17-6-1992 as formulated by the Govt. of Assam, Education (Higher Education) Department. Pursuant to such selection, the Selection Committee formed a penal of three candidates recommending the petitioner at serial No. 1. The respondent No. 5 was placed at serial No. 2 in the penal. The Governing Body of the College, however, recommended the respondent No. 5 for appointment and sought for the approval of the Director of Higher Education as required under the rules. It was at that stage, the writ petition was filed and this Court by the aforesaid interim order restrained the Director of Higher Education, Assam from according to required approval.