JAYANTA BORAH Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THE challenge in this writ petition is the resolution of the Governing Body of the respondent college adopted in its meeting held on 5.4.2008 accepting the recommendation of the Selection Committee for appointment of the respondent No. 7 as lecturer (Statistics) in the said college. The selection was held on 19.12.2007 and as per its assessment, while the petitioner secured second position obtaining 42.7 marks out of total 100 marks, the respondent No. 7 secured first position obtaining 43.4 marks in total. Although the petitioner has annexed the comparative statement of the marks secured by different candidates (Annexure -F), but the impugned resolution of the Governing Body has not been placed on record. As will be evident from the comparative statement (Annexure -F), impugned in this proceeding, same was prepared under different heads, such as total academic marks (65 marks), teaching experience (05 marks), knowledge of the subject (15 marks) and interview marks (15) totaling to 100 marks. As regards the knowledge of the subject, it appears that the marks awarded by the experts on the subject was taken together and the average of the same was indicated in the comparative statement.

(2.) ALTHOUGH the impugned resolution of the Governing Body has not been enclosed to the writ petition, but the same has been enclosed as Annexure -6 in the application registered and numbered as Misc. Case No. 1740/2008 filed by the respondent No. 7. By the said resolution, the Governing Body of the college recommended the appointment of the respondent No. 7, she being the first nominee of the Selection Committee.

(3.) I have heard Mr. S.K. Talukdar, learned counsel for the petitioner and have also heard Mr. A. Deka, learned Standing Counsel, Education Department. Mr. M. Dutta, learned counsel representing the Governing Body of the college has made his submission, while Mr. P.K. Roychoudhury alongwith Mr. M. Sarma, learned counsel has advanced argument on behalf of the respondent No. 7. I have considered the submissions made by the learned counsel for the parties and have also perused the entire materials on record.