BIPUL CHANDRA BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Mr. K. Gogoi, learned counsel for respondent nos. 1 and 2. Also heard Mr. G.Z. Ahmed, learned counsel for respondent no. 3 and Mr. A. C. Borbora, learned senior counsel for respondent no. 4.

(2.) Facts involved are that on 16.06.2016 an advertisement was issued under the hand of the President, Governing Body of HPB Girls' College, Golaghat inviting applications for the post of Principal of the said college. The requisite qualifications, experience, norms etc. were duly prescribed in the said advertisement. As many as 8 (eight) candidates responded to the advertisement, including the petitioner Dr. Bipul Chandra Bhuyan and the respondent no. 4 Dr. Deepa Phukan Baruah, the latter being an Associate Professor and Head of Department of English of the same college. The Selection Committee constituted for the purpose of making selection comprised of: (i) Dr. Nirola Buragohain, President of the Governing Body of the college; (ii) Dr. Bhim Kanta Boruah, as the nominee of the Vice Chancellor of the Dibrugarh University; (iii) Dr. Dipak Chetia, Professor of Dibrugarh University; (iv) Dr. Jiten Hazarika, as an Educationist, who is also a Professor of Dibrugarh University; (v) Dr. Bimal Barah, Principal of J.B. College, Jorhat ; and (vi) Dr. Ranjan Bordoloi, as Member of the Governing Body and an Associate Professor of DKD College, Dergaon. The proceeding of the selection took place on 23.07.2016 and a total of 7 (seven) candidates, out of 8 (eight) candidates who had applied, appeared in the interview. On the same date the Selection Committee, on consideration of the academic records, performance in the interview and fulfilment of conditions such as API scores etc. and also in compliance with the guidelines and norms for selection, selected the petitioner Dr. Bipul Chandra Bhuyan and made recommendation for his appointment as the Principal of the college. The Governing Body by its resolution adopted in the meeting held on 24.07.2016 approved the recommendation and resolved to send the proposal to the Director of Higher Education, Assam for necessary approval and action. On 02.08.2016 an order came to be passed under the hand of the Director of Higher Education, Assam appointing the petitioner as the Principal of the college, following which the college made correspondence with the petitioner on 3.8.2016 informing him about his appointment and requesting him to join as Principal at the earliest. On 4.8.2016 the petitioner reported and joined as the Principal of HPB Girls' College, Golaghat.

(3.) Cause of action, constraining the petitioner to institute the present proceeding, arose when another order, purportedly issued on 02.08.2016, came to be passed by the Director of Higher Education, Assam, thereby withdrawing and cancelling the appointment order dated 02.08.2016 made in favour of the petitioner as Principal of the college. As per the said order, the appointment was withdrawn and cancelled in terms of Condition No. 1 mentioned in the appointment order and as the Attendance Sheet of the candidates appearing in the interview for selection was found to be manipulated and defective. The college authority was, thus, directed to initiate a fresh process for selection from amongst the candidates who appeared before the interview held on 23.07.2016, meaning thereby, from amongst the 7 (seven) candidates who had faced interview before the Selection Committee on 23.07.2016. For better appreciation, the cancellation order dated 02.08.2016, which is assailed in the present proceeding, is reproduced below along with the Condition No. 1 of the appointment order, which finds mention in the impugned order dated 02.08.2016.