(1.) Heard Mr. B.D. Konwar, learned Senior Advocate assisted by Mr. H. Agarwala, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned standing counsel for the Higher Education Department, appearing for respondent Nos.1 and 2, Mr. K.K. Mahanta, learned Senior Advocate assisted by Mr. S. Hoque, learned counsel for the respondent No.4 and Mr. Z.H. Saikia, learned counsel for the respondent No.5.
(2.) By instituting this Writ Petition, the petitioner assails the impugned order vide Memo. No.PC/HE/Misc.35/2011/Pt./1/160, dtd. 7/4/2014, passed by the Director of Higher Education, Assam whereby petitioner is placed junior to the respondent No.4, Sri Dilip Ch. Haloi, in their inter-se-seniority on the basis of the date of birth as the date of joining in the services of petitioner and respondent No. 4 is on the same date i.e. on 10/11/2000. The petitioner has also prayed for a direction to grant the benefit of provincialisation of his service under the Assam Venture Educational Institution (Provincialisation of Services) Act, 2011 (now repealed), by assigning the petitioner his rightful position above the respondent No.4, in order of seniority of the teaching staff of Barkhetri College, Mukalmua.
(3.) The case of the petitioner, in brief, is that he was appointed as Lecturer (now Assistant Professor) in the Department of Geography in Barkhetri College, Mukalmua in Nalbari District on 9/11/2000 and he has joined on 10/11/2000. There were two other Lecturers (Assistant Professors) in the Geography Department, who had joined earlier than the petitioner. According to the petitioner, the respondent No.4, namely, Sri Dilip Ch. Haloi joined the Barkhetri College as a Lecturer (Assistant Professor) in the Geography Department on 20/7/2002.