DAL PATHAK Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. S.K. Medhi, learned counsel for the petitioner, Mr. K. Gogoi, learned Standing Counsel, Higher Education Department, Govt. of Assam and Mr. A.D. Choudhury, learned counsel for respondent Nos.4 and 5.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to allow him to officiate as Head of the Mathematics Department in the MC College, Barpeta in terms of the Govt. Office Memorandum (OM) dated 05.07.2012 without any interference of the Principal as well as of the Governing Body of the said College. Case of the petitioner is that petitioner joined as Lecturer in the MC College on 01.12.1999. Such appointment of the petitioner was approved by the Director of Higher Education on 23.12.1999. In the course of his service, petitioner was granted Senior Grade Scale of Pay. Subsequently, he has been recommended by the Departmental Promotion Committee (DPC) for Selection Grade Scale of Pay. According to the petitioner, for reasons unknown, Principal of the MC College (College) i.e., respondent No.5 is not favourably inclined towards him and this is reflected in his attitude towards the petitioner. Though the petitioner was the NCC in-charge of the College, the Principal tried to remove him from such assignment for which petitioner had to approach this Court. Petitioner states that he is the senior most Assistant Professor in the Mathematics Department of the College and by virtue of his seniority, he has been made the Head of the Mathematics Department of the College. In the meanwhile, Principal of the College issued an order in the first week of May, 2016, notifying that Headship of different departments of the College would be rotated w.e.f. 01.05.2016. Petitioner's name appeared in the said order wherein, it was indicated that he would be replaced by Dr. Brojen Das, an Assistant Professor of Mathematics as Head of the Department. It is stated that in the Mathematics Department of the College, there are only four Assistant Professors and amongst them, petitioner is the senior most. Referring to the Govt. OM dated 05.07.2012, it is stated that though Headship of a Department is to be assigned on rotation basis, in the event Head of the Department is an Assistant Professor, there would be no rotation of Headship automatically. Aggrieved by the move to relieve him from Headship of the Mathematics Department, petitioner submitted an appeal before the President of Governing Body to intervene in the matter. As there was no response, present writ petition has been filed seeking the reliefs as indicated above.

(3.) This Court by order dated 25.05.2016 had issued notice and passed an interim order to the effect that petitioner's present position as Head of the Mathematics Department in the College should not be disturbed by the respondents till returnable date. It is for vacation of the aforesaid order that respondent Nos.4 & 5 have filed an interlocutory application which has been registered as IA (C) No.838/2016. In the meanwhile, respondent No.9 has filed an affidavit wherein, he has stated that Principal of the College did not accept suggestion of the President of the Governing Body to discuss the matter relating to rotation of Headship. Be it stated that respondent No.9 is an Associate Professor and Head of the History Department of the said College. Petitioner has also filed an additional-affidavit alleging that Principal of the College has hatched a conspiracy against the petitioner and is trying to replace him from Headship of the Mathematics Department.