LINEE GOSWAMI Vs. TEZPUR UNIVERSITY

JUDGEMENT

(1.) Heard Mr. M. Dutta, learned counsel for the petitioner as well as Mr. N.C. Das, learned Senior Counsel representing respondent nos.1, 2 and 3, assisted by Mr. A. Das, Advocate. Also heard Mr. D.P. Chaliha, learned Senior Counsel representing respondent no.4, assisted by Mr. U.P. Chaliha, Advocate.

(2.) Appointment of the private respondent no.4 i.e. Dr. Pratibha Deka as Assistant Professor in the Department of Environmental Science, Tezpur University vide order dated 07.08.2017, is put to challenge in the present proceedings.

(3.) To traverse the basic facts leading up to the challenge are that on 18.12.2015 the Tezpur University issued Advertisement No. 18/2015 for filling up backlog and normal vacant teaching positions in respect of the posts of Professor, Associate Professor and Assistant Professor. The present case is confined to the teaching position of Assistant Professors, where the backlog vacancy for Scheduled Caste/Scheduled Tribe/Other Backward Community was specified at one post and normal recruitment drive for Scheduled Caste/Scheduled Tribe/Other Backward Community/ Persons With Disability and Unreserved was shown at 19 posts, the grand total being 20 (1+19) posts in the teaching position of Assistant Professors in various disciplines. In respect of filling up the vacant post of Assistant Professor in the Department of Environmental Science, amongst others, as many as 76 candidates applied, out of which 13 candidates were shortlisted and called for personal interview and out of which only 11 appeared, including the petitioner and the respondent no.4 herein. The Selection Committee published the Select List dated 29.12.2016 for the post of Assistant Professor, Department of Environmental Science, placing one Dr. Nayanmoni Gogoi (OBC) in the 1st position in order of preference. The petitioner was not selected but respondent no.4 Dr. Pratibha Deka was placed in the 3rd position. The List of Appointments, following the Advertisement dated 18.12.2015 and selection thereof to the various posts, was uploaded in the website of the Tezpur University. The said List of Appointments showed selection of said Dr. Nayanmoni Gogoi as Assistant Professor in the Department of Environmental Science, together with selection of 20 other candidates against the various posts of Assistant Professors in other disciplines. Although vide Advertisement No.18/2015 selection was confined to 20 (1+19) posts of Assistant Professors, the List of Appointments, as uploaded in the website, showed selection for filling up 21 posts of Assistant Professors in various disciplines, including Environmental Science. This, however, is not the subject-matter of the present petition.