ALBEEN JOSEBH AHMED Vs. BADAL KHAN

JUDGEMENT

(1.) We have heard Mr. K.N. Choudhury, learned Senior Advocate, assisted by Mr. R. Ali, learned Advocate for the appellant; Mr. H.R.A. Choudhury, learned Senior Advocate, assisted by Mr. M. Alam Geer, learned Advocate for the respondent No.1 and Mr. K. Gogoi, learned Standing Counsel, Education (Higher) Department for the respondent Nos.2 and 4.

(2.) The present appeal is directed against the judgment dtd. 5/5/2025 passed by a learned Single Judge of this Court in WP(C) No.5757/2024, whereby the respondents therein have been directed to proceed with the selection process for the post of Assistant Professor in the Mandia Anchalik College, Mandia in terms of the Office Memorandum dtd. 24/1/2022, holding that the Office Memorandum dtd. 22/10/2024 modifying the earlier Office Memorandum, cannot be applied in the selection process when the latter Office Memorandum was to be made effective prospectively.

(3.) On 2/7/2024, the Principal of Mandia Anchalik College issued an advertisement inviting applications for 1(one) post of Assistant Professor in English and 1(one) post of Librarian. The advertisement clearly stated that the educational qualifications and the selection procedure would be governed by the Government Office Memorandum (OM No.AHE.239/2021/68) dtd. 24/1/2022.