LAWS(GAU)-2024-3-33

HEMAM SUNITA DEVI Vs. STATE OF ASSAM

Decided On March 07, 2024
Hemam Sunita Devi Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Ms. S.B. Choudhury, learned counsel for the petitioner in WP(C) 158/2017 and for the respondent No. 7 in WP(C) 5227/2017. Also heard Mr. R.P. Kakoti, learned senior counsel assisted by Mr. A.D. Das, learned counsel for the petitioner in WP(C) 5227/2017 and for the respondent No.7 in WP(C) 158/2017 as well as Mr. A.T. Sarkar, learned counsel for the respondent No.8 in both the writ petitions and Mr. S. Bhuyan, learned State counsel for the respondents No. 1 and 2.

(2.) Having regard to the affinity of the factual background and the issues raised, both the writ petitions were heard analogously and are disposed of by this judgement.

(3.) Pleaded facts, in brief, are that the present writ petition being WP(C) 158/2017 has been instituted by the petitioner, challenging the non-selection of the petitioner for appointment to the post of Assistant Professor in Zoology Department, Cachar College, Silchar, and selection and recommendation of respondents no. 7 and 8 in the first and second positions by selection committee despite the petitioner having scored highest marks. The petitioner has also challenged the impugned speaking order dtd. 13/12/2016 passed by the Director of Higher Education, Assam, whereby, it is held that the petitioner cannot be considered for appointment as she is not a scheduled caste (SC) from Assam and asked the selection committee to take fresh resolution and to consider the respondent no. 8 for appointment to the post of Assistant Professor in Zoology Department, Cachar College, Silchar.