BINIKA GOYARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Dhar, learned counsel for the petitioner and Mr. P. Upadhyay, learned counsel for the respondent No. 10. Heard also Mr. A. Chamuah, learned Standing Counsel for the respondent No. 6 (UGC) and Ms. R. B. Bora, learned Standing for the respondent Nos. 3 and 5 and Mr. K. Gogoi, learned Standing Counsel, for the Higher Education Department.

(2.) Pursuant to an Advertisement published in the Assam Tribune on 06.10.2015 by the Principal, Bijni College, (Provincialised) inviting applications from eligible candidates for filing up 1(one) post of Assistant Professor (Bodo), a total No. of 23 candidates including the writ petitioner and the respondent No. 10 applied for the same and appeared in the interview, which was held on 24.02.2016. The interview was conducted by a selection committee comprising of 8(eight) members.

(3.) Thereafter, the petitioner filed a writ petition before this court being WP (C) No. 2564/2016 challenging the legality and validity of the selection process. The writ petition was disposed of on 09.1.22016. The court was of the view that since the recommendation of the selection committee has not been forwarded by the governing body of the college to the Director of Higher Education who will take the decision to accept the same or not the matter should be considered by the governing body of the college and the Director Higher Education and to take a decision based on the relevant laws as and when the recommendation is received. Accordingly, it was directed as such. When the order was submitted before the Director Higher Education the petitioner was informed that since the college falls under the jurisdiction of Bodo Territorial Council the subject matter is under the domain of Director Higher Education (BTC). Following received of the information the petitioner filed a review petition before this court praying for impleadment of the Director Higher Education, BTC. After hearing the parties this court on 27.01.2017 disposed the Review Petition No. 3/2017 by impleading the Director of Education, BTC and issued the same direction as was issued in the writ petition. After receiving a copy of the order passed in the writ petition and the review petition the Director of Education, BTC passed the impugned order dated 29th March, 2017 wherein, the Director accepted the recommendation of the selection committee forwarded by the governing body of the college and decided to forward the same to the BTC authority for approval and appointment of the respondent No. 10. Being aggrieved,the petitioner has, once again come to this court challenging the recommendation of the selection committee and the order dated 29th March, 2017 of the Director of Education, BTC. The order dated 29.03.2017 is reproduced hereby;-