GAUHATI UNIVERSITY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This intra court appeal is directed against the order dated 12.6.2014 passed by the learned Single Judge of this High Court, whereby he has allowed WP(C) No. 941/2013 of Respondent No. 3 - Dr. Malinee Goswami.

(2.) On 22012, Registrar of Gauhati University (appellants) issued an advertisement for filling up the post of Jawaharlal Nehru Professor (in short "J.N. Professor") in the Department of Assamese. The specialization mentioned in the advertisement for the post was "Open". Both Respondent No. 3 and Dr. Dipti Phukan Patgiri (Respondent No. 4) claiming themselves to be eligible for the post responded to the advertisement. Admittedly, except for Respondent Nos.3 and 4, there was no other candidate and both of them appeared for the interview before the Selection Committee on 14.2013. Respondent No. 3 then filed WP(C) No. 941/2013 challenging the recommendation of Selection Committee on the ground that the recommendation of illegally constituted Selection Committee cannot be acted upon. Although the appellants strongly averred that the Selection Committee was properly constituted, the learned Single Judge agreed with Respondent No. 3 and by the impugned order allowed the writ petition. The learned Single Judge has also directed the appellants to proceed afresh in accordance with law for selecting the J.N. Professor in the Department of Assamese. The learned Single Judge has even held that the Vice Chancellor could have nominated the re-appointed Professor of the Department in the Selection Committee because being its member cannot be construed to have held any administrative office. Aggrieved, the appellants have filed the present appeal.

(3.) The sole question which calls for our consideration is whether the Selection Committee was legally constituted and if not whether its recommendation can still be acted upon ?