KARTIK PATHAK Vs. HIRAMANI HALOI

JUDGEMENT

(1.) Heard Mr. B. D. Konwar, learned senior counsel for the appellant as well as Mr. A.D. Choudhury, learned counsel for the respondent no. 1 and Mrs. R. Choudhury, learned counsel for the respondent nos. 2, 3, 8 and 9 whereas Mr. K.H. Choudhury, learned counsel represents respondent nos. 5 and 6. Mr. A. Chamuah, learned counsel represents respondent no. 10.

(2.) This intra-Court appeal is directed against the common order dated 10.12.2015 passed in WP(C) 5210/2014 and WP(C) 4463/2015 wherein the present appellant was arrayed as respondent no. 9.

(3.) Adjudication of the present appeal has narrowed down to a large extent in view of the fair stand taken by the appellant. Nonetheless, the brief facts involved in the case may be noticed. On 15.08.2014, an Advertisement was issued inviting applications for one post of Assistant Professor in English and one post of Assistant Professor in Assamese at B.B.K. College in the district of Barpeta. The present case involves the post of Assistant Professor in Assamese. One of the eligibility condition stipulated in the Advertisement was the requirement of Permanent Resident Certificate (in short, PRC) and knowledge of the local language. Both the appellant and the respondent no. 1/writ petitioner had responded to the Advertisement and altogether 17 (seventeen) candidates were called for interview. These seventeen candidates also included those who had not submitted PRC. Consequent upon the interview held on 14.09.2014, the Selection Committee prepared a Comparative Statement showing the appellant of having secured 45.51 marks as against the marks secured by the respondent no. 1/writ petitioner at 57.87 marks. On 14.09.2014 itself, the Selection Committee submitted its report to the effect that although the respondent no. 1/writ petitioner had secured the highest marks based on merit, performance and experience, however, she did not submit PRC with her application nor during the time of the interview. On this premise the second candidate securing 53.87 marks was held to be selected and accordingly her name was forwarded for approval of the Governing Body of the College. On the very next day, i.e. 15.09.2014 the Governing Body passed a resolution to the effect that a re-interview be held for the post of Assistant Professor in Assamese from amongst those candidates who had submitted PRC by setting aside the selection already made. In the process, neither the respondent no. 1/writ petitioner nor the candidate who had secured the 2nd merit position were called for the reinterview.At this point of time, the respondent no. 1/writ petitioner instituted WP(C) 5210/2014. The re-interview was held on 08.10.2014 and as and when the appellant came to be selected, the second writ petition i.e. WP(C) 4463/2015 came to be instituted.