DHRUBAJYOTI GOSWAMI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, petitioner seeks quashing of advertisement dated 17.6.2009 issued by the Principal, Shri Bishnudev Janajati (Jr.) College, Jorhat inviting applications from eligible candidates to fill up one vacant post of Lecturer in the Department of Assamese in the said college reserving that post for Other Backward Class (OBC). Petitioner further seeks a direction to consider his case for appointment as Lecturer in Assamese in view of his selection. Case of the petitioner is that he has a brilliant academic career to his credit. After completing his Masters in Assamese literature, he has obtained M. Phill degree as well as Ph.D. degree. He has a number of literary works to his credit.

(2.) An advertisement was issued by the Principal of Shri Bishnudev Janajati (Jr.) College, Jorhat (respondent No. 4) inviting applications for the post of Lecturer in Assamese. Be it stated that the said Shri Bishnudev Janajati (Jr.) College (hereafter 'College') is a Government aided deficit college. The advertisement was published in the local newspaper on 25.3.2005. The vacancy had arisen following promotion of Smt. Ilu Saikia, Senior Lecturer in Assamese to the post of Principal. Petitioner appeared in the interview on 14.5.2005. Petitioner could gather that in the selection, he was placed at Sl. No. 1 in order of merit. Therefore, he was expecting his selection and appointment against the advertised post. It appears that the Governing Body of the College (respondent No. 3) had submitted proposal to the Director of Secondary Education, Assam on 12.9.2005 for approval to the appointment of Smt. Juri Bora, respondent No. 5. Director of Secondary Education vide letter dated 19.12.2005 informed respondent No. 4 that the grounds given by the Governing Body of the College for appointment of respondent No. 5 as Lecturer in Assamese were not acceptable and hence could not be approved. Respondent No. 3 was requested to resubmit the proposal for appointment with fresh resolution of the Governing Body to be considered for approval. Respondent No. 4 thereafter informed the Director of Secondary Education, Assam vide letter dated 26.12.2005 that an emergent meeting of the Governing Body was held on 26.12.2005 wherein it was unanimously agreed to place respondent No. 5 in the first position, she being the only selected OBC candidate and to take steps for her appointment. Thus approval of her appointment was sought for.

(3.) At that stage, petitioner moved this Court by filing a writ petition which was registered and numbered as W.P.(C) No. 100/2006 challenging the action taken by the respondent Nos. 3 and 4. This Court heard the matter and after due consideration set aside the communication dated 26.12.2005 vide judgment and order dated 2.4.2009 with the observation that it would be open to the Governing Body to take fresh decision in the matter relating to the appointment of Lecturer in Assamese and to proceed thereafter. In the said decision, this Court noticed that there was no indication in the advertisement that the post was reserved for OBC. Petitioner was placed at Sl. No. 1 in order of merit whereas respondent No. 5 was placed at Sl. No. 4. Proceedings of the Selection Committee were accepted by the Governing Body. Governing Body having accepted the proceedings of the Selection Committee had to appoint the person strictly in terms of the merit position. Nothing was placed before the Court to show that there was any backlog in respect of OBC quota. Thus, in such circumstances the communication of respondent No. 3 dated 26.12.2005 was set aside with the observation as indicated above.