UTTARA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.D. Das, learned Senior Counsel, assisted by Mrs. R. Deka, learned counsel for the petitioner. Also heard Mr. S. Das, learned standing counsel for the Higher Education Department, being respondent Nos. 1, 2 and 3; and Mr. R.A. Choudhury, learned counsel for the respondent Nos. 4 and 5.

(2.) In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the Resolution No. 5 (b), dtd. 7/6/2022, (Annexure - 6), adopted by the Governing Body of S.S. College, Hailakandi and the letter vide E Comp No. 405617/2024/1, dtd. 15/7/2024, issued by the respondent No. 3 (Annexure - 8), and also to direct the respondent No. 4 and 5 to complete the process of interview for the post of Assistant Professor in the Department of Political Science (SC reserved and Roster point 36) of Srikishan Sarda College, Hailakandi Background Facts:-

(3.) An advertisement (Annexure-1), was issued by respondent No.4, dtd. 21/3/2022, and published in the daily newspaper "Jugasankha", and others, inviting applications for appointment to the post of Assistant Professor in Political Science department, against 2 (Two) Sanction vacant posts; out of the said 2 (Two) posts, one is reserved for SC and the remaining one is unreserved. In the said advertisement, applications were also invited for the posts of Assistant Professor in Botany, English, Statistics and Persian. Prior to issuance of the advertisement dtd. 21/3/2022, the respondent No. 2 had earlier issued an advertisement for the same posts on 28/12/2020, but the said advertisement was cancelled due to certain reasons without holding any interview. And accordingly, the candidates who had applied in response to earlier advertisement, dtd. 28/12/2020, were directed not to apply afresh. The petitioner, having passed NET in the year 2016, securing marks at par with the qualifying cut off for SC category in the subject Political Science and being duly qualified for being appointed to the post of Assistant Professor in Political Science in Government/Provincialized Colleges in the state Assam and also belonging to scheduled caste community, applied for the post of Assistant Professor of Political Science (SC reserved). And accordingly, the respondent No. 5, by a letter dtd. 30/4/2022 (Annexure-2), informed the petitioner to appear before the interview board for the post of Assistant Professor, Department of Political Science, Srikishan Sarda College (S.S. College) on 19/5/2022 at 11:00 a.m. The petitioner had appeared in the interview as per letter dtd. 30/4/2022, on 19/5/2022, and did well. Against the said advertised post of Assistant Professor, Political Science (SC reserved & Roster point 36), total 13 candidates had applied for, but only 4 candidates, including the petitioner had appeared in the interview held on 19/5/2022 and remaining 9 candidates did not appear, as per attendance sheet of the candidates (Annexure-3). Then, during the process of interview the President of the Governing Body, SS College, by a letter dtd. 19/5/2022 (Annexure-5), interalia informed that the interview for the selection process of Assistant Professor (SC reserved & Roster point 36) in the department of Political Science dtd. 19/5/2022, remained inconclusive owing to the sudden flood havoc in the adjoining areas of Hailakandi and accordingly, decided to hold the same interview after the restoration of normalcy observing all necessary formalities at a convenient time. Then the petitioner was waiting for completion of the interview process, that was held on 19/5/2022, for selection and appointment to the post of Assistant Professor (SC reserved & Roaster point 36). But, without concluding the said interview, the respondent No. 4, the Governing Body of SS College took a resolution vide No. 5 (b) on 7/6/2022, whereby, it was resolved to hold a fresh interview for the said post of Assistant Professor (SC reserved & Roaster point 36) in the department of Political Science, by cancelling the earlier interview held on 19/5/2022 and the said resolution was issued by the Principal/Secretary, Governing body of SS College, Hailakandi on 28/7/2022 (Annexure-6). Thereafter, the respondent No.5, by a letter dtd. 30/5/2023, submitted the status report of the said interview of Assistant Professor Department of Political Science (SC reserved & Roaster point 36), before the respondent No.2 wherein, it was stated that the interview for the said post took place on 19/5/2022 and out of 13 candidates, 4 candidates had appeared before the selection committee and keeping in view of the screening committee report and after verifying the academic records and other necessary testimonials, the selection committee duly recorded the marks of each candidates in the prescribed format. It was also stated that two applicants namely, Diksha Das, and Ms. Anupama Das lacked proficiency in local language and Shri Saibal Das did not submit the PRC in proper format and therefore, the petitioner was the only bona-fide candidate, fulfilling all the criteria in submitting records and other testimonials. In the said letter, it was specifically mentioned that the selection process was almost completed and while the process of selection was almost completed and recommendation of the name of the candidates was to be made, all of a sudden, the process was stopped due to flood havoc and accordingly, the interview was postponed with a note of the Chairman, Selection Committee, wherein it has been clearly stated that the interview remained inconclusive and the same interview will be held when normalcy will be restored. But, instead of holding the interview, the Governing Body of the College has decided to cancel the interview held on 19/5/2022, and it had resolved to arrange a fresh interview for the said post of Assistant Professor, but the same was not held till date and accordingly, respondent No. 5 had requested respondent No. 2 to dispose of the entire matter with necessary instruction. Thereafter, the respondent no. 3, Deputy Director, Higher Education, Assam by a letter dtd. 15/7/2024 (Annexure-8), informed the respondent No. 5, that in pursuant to the resolution No. 5 (b), dtd. 7/6/2022, adopted by the Governing Body of SS College, Hailakandi, a request was made to take necessary initiative to conduct a fresh advertisement and interview for the post of Assistant Professor in the department of Political Science (SC reserved & Roaster point 36) by cancelling the interview dtd. 19/5/2022. It is also states that pursuant to the advertisement dtd. 21/3/2022, all other post in respect for subjects mentioned therein, the selection process have already been completed and the selected candidates were appointed in their respective posts, except however, the post of Assistant Professor of Political Science (SC reserved & Roaster point 36) wherein the petitioner has applied for and appeared before the interview board. It is also stated that the said interview, dtd. 19/5/2022, was completed, but due to flood the interview was postponed and it remained inconclusive and as per the noting of the Chairman of the Selection Committee, the interview will be held when normalcy is restored. But, the respondent No. 3, vide impugned letter dtd. 15/7/2024, had directed the respondent No. 5 to take necessary initiative for fresh advertisement and interview for the said post of Assistant Professor (SC reserved & Roaster point 36) in the department of Political Science by cancelling the interview held on 19/5/2022, without considering the fact that the interview process was completed and the recommendation of the name of the selected candidates is required to be made, and as such the impugned letter dtd. 15/7/2024 (Annexure - 8) is liable to be set aside and quashed and that the respondent authorities are liable for a direction to complete the interview process held on 19/5/2022 and appoint these selected candidate for the post in question. It is also stated that in respect of post of Assistant Professor in Political Science (General) total application were 23 and interview was held on 18/5/2022, wherein also only 4 persons appeared and wherein Ms. Annanya Paul was selected and appointed, but in respect of the Assistant Professor in Political Science (SC reserved post) where only 13 applicants submitted and only 4 candidates appeared interview held on 19/5/2022, but result of interview was not declared and there was no complaints from any of the applicants expressing difficulties in appearing in the interview on that day. It is also stated that the action, on the part of the respondent No. 4, in taking a resolution vide no 5 (b) dtd. 7/6/2022, for holding a fresh interview for the post of Assistant Professor (SC reserved & Roaster point 36) in the department of Political Science and cancelling the interview held on 19/5/2024 for the said post in question is arbitrary, discriminatory, illegal and in violation of law and therefore, the same is liable to be set aside and quashed. It is also stated that the petitioner had submitted a representation before the respondent No. 2, 3 and 4 on 20/7/2024 (Annexure-9), requesting inter-alia to complete the interview process which was held of 19/5/2022 and finalized the selection process for the post of Assistant Professor (SC reserved & Roaster point 36) in the department of Political Science in SS College, Hailakandi and also to withdraw the impugned letter dtd. 15/7/2024, issued by the respondent No. 3, but the same failed to evoke any response till date. It is also stated that no advertisement has been issued by the respondent authorities after issuance of the impugned letter dtd. 15/7/2024, for the Post of Assistant Professor (SC reserved) in Srikishan Sarda College, Hailakandi till date.