Gauhati High Court
Paramita Acharjee vs The State Of Assam And 3 Ors on 15 February, 2022
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GAHC010021182022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/899/2022
PARAMITA ACHARJEE
D/O- LATE NARAYAN ACHARJEE, W/O- DR. BISHWAJIT BHATTACHARJEE,
R/O- ROYNAGAR, WARD NO. 25, P.O AND DIST-KARIMGANJ, ASSAM, PIN-
781711
VERSUS
THE STATE OF ASSAM AND 3 ORS.
TO BE REP. BY THE COMMISSIONER AND SECRETARY HIGHER
EDUCATION, GOVT. OF ASSAM, DISPUR, GUWAHATI -6.
2:DIRECTOR HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI -19.
3:THE PRESIDENT
GOVERNING BODY RADHA MADHAB COLLEGE
SILCHAR
DIST- CACHAR
PIN-788006
ASSAM
4:THE PRINCIPAL CUM SECRETARY
RADHA MADHAB COLLEGE
SILCHAR
DIST- CACHAR
PIN-788006
ASSA
Advocate for the Petitioner : MR. A DHAR
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Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT & ORDER (ORAL)
Date : 15-02-2022
Heard Mr. A Dhar, learned counsel for the petitioner. Also heard Mr. S Das, learned
counsel for the respondents no. 1 and 2 being the authorities under the Higher Education
Department, Government of Assam.
2. Considering the nature of the order proposed to be passed, notices are not required to
be issued to the respondents no. 3 and 4 being the authorities under the Radhamadhab
College, Silchar.
3. An advertisement was issued in the local daily newspaper ' The Assam Tribune' dated
22.06.2014 inviting applications from the candidates having UGC norms with
NET/SLET/SET/M.Phil degree on or before 10.07.2009/PhD. degree as per by UGC regulation,
2009, by the Principal cum Secretary of Radhamadhab College, Silchar for a post of Assistant
Professor in Bengali (unreserved). The petitioner along with others participated in the
resultant selection process.
4. The present petitioner namely Paramita Acharjee who had also offered her candidature
pursuant to the said advertisement instituted WP(C)/6205/2014 inter-alia claiming that she
was not called for the interview. The said writ petition was given a final consideration by the
judgment dated 15.06.2018 whereby the rejection of the application of the petitioner was
found to be arbitrary and accordingly, a direction was issued to the authorities to accept the
application of the petitioner.
5. Another candidate in the selection process namely Abhijit Choudhury instituted
WP(C)/8517/2018 on the grievance of non-consideration or non-allotment of marks in respect
of certain qualifications of the said candidate. The said writ petition was given a final
consideration by the order dated 19.09.2019 requiring the petitioner therein to prefer a detail
representation before the Director of Higher Education, Assam. In the meantime the present
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writ petitioner instituted WP(C)/3814/2020 on the ground of there being an inordinate delay
in finalizing the selection process to the advertisement dated 22.06.2014. The said writ
petition was given a final consideration by the order dated 26.04.2021 directing the President
of the Governing Body of Radhamadhab College, Silchar to submit its resolution regarding the
selection to the unreserved post of Assistant Professor of Bengali in the College as per the
advertisement dated 22.06.2014 and 26.06.2014. It was further provided that after receipt of
the resolution of the Governing Body of Radhamadhab College, Silchar the Director of Higher
Education, Assam within a period of sixty days shall pass necessary order under the
provisions of the Assam College Employees (Provincialisation) Rules, 2010 (in short, the Rules
of 2010) as well as taking note of an earlier order dated 19.09.2019 in WP(C)/8517/2018.
6. Thereafter, the authorities in the Radhamadhab College, Silchar by a communication
dated 08.05.2021 informed the petitioner that pursuant to the direction in the order dated
26.04.2021 in WP(C)/3814/2020, the entire records of the selection was transmitted by the
college authorities to the Director of Higher Education, Assam. As nothing further progressed,
the petitioner submitted representations before the authorities and in response to one such
representation, the Secretary to the Government of Assam in the Higher Education
Department required the Director of Higher Education, Assam to submit a status report to the
Department on the selection process. Even after such steps nothing further had progressed,
some further representations were submitted by the petitioner but of no avail. Being
aggrieved, the present writ petition is instituted seeking relief that the resolution of the
Governing Body of the Radhamadhab College, Silchar pertaining to the selection pursuant to
the advertisements dated 22.06.2014 and 26.06.2014 be given its final consideration.
7. Rule 7 of the Rules of 2010 inter-alia requires that all appointments either by direct
recruitment or by promotion, shall be made by the Director on the basis of recommendations
of the Governing Body based on the recommendations of the Selection
Committee/Departmental Promotion Committee which were duly constituted.
8. From the communication of the College authorities dated 08.05.2021, it is discernable
that the records containing the recommendation of the Governing Body based on the
recommendation of the Selection Committee were duly transmitted to the Director of Higher
Education, Assam for its consideration under Rule 7 of the Rules of 2010. We are of the view
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that Rule 7 of the Rules of 2010 vests a legal duty on the Director to pass a reasoned order
on such recommendation being made by the Governing Body and it would be inappropriate
for the Director to sit over the matter and not take any decision.
9. In the circumstance, we dispose of this writ petition directing the Director of Higher
Education, Assam to consider the recommendation of the Governing Body of Radhamadhab
College, Silchar based on the recommendation of the selection committee as per the
advertisement dated 22.06.2014 and 26.06.2014 and pass a reasoned order thereof as
required under Rule 7(a) of the Rules of 2010. The reasoned order be passed within a period
of one month from the date of receipt of certified copy of this order. If the records of the
recommendation of the Governing Body are not available in the office of the Director of
Higher Education, Assam, the Director shall do the needful to obtain the recommendation
from the authorities of Radhamadhab College, Silchar and pass a reasoned order as required
by this order.
10. Writ petition stands allowed as indicated above.
JUDGE
Comparing Assistant
