SAMIRAN NEOG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.J. Phukan, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned standing counsel, Education (Higher) Department, representing the respondent Nos.1 and 2 and Mr. S. Borthakur, learned counsel representing the respondent Nos.3 and 4. None appears for the respondent No.5.

(2.) The petitioner has raised a grievance in the present proceeding with regard to the manner and method in which the selection was conducted by the authorities of Sibsagar College, Joysagar for recruitment against the post of Assistant Librarian in pursuance to an advertisement dtd. 28/2/2018.

(3.) The petitioner, in pursuance to the said advertisement dtd. 28/2/2018, had submitted his application for recruitment against the post of Assistant Librarian. The petitioner being found to have satisfied the eligibility criteria prescribed, was required to appear in the written as well as the computer tests on 24/5/2018. The petitioner appeared in the said selection process. Thereafter, the petitioner had instituted the present proceeding on 17.07., inter alia, alleging that the said advertisement was not so issued by following the criteria as mandated by the Director of Higher Education, Assam in his communication dtd. 31/10/2017 issued towards according permission to the College Authorities for advertising the post in question. The petitioner has also questioned the constitution of the Selection Committee and has contended that the same was so constituted with 9(nine) members, which is in violation of the provisions contained in this connection in the Assam College Employees (Provincialization) Rules, 2010 (for short, 'Rules of 2010'). In view of the said contentions, the petitioner has prayed that the selection process carried out in pursuance to the advertisement dtd. 28/2/2018 be interfered with.