Dr. Ramananda Ghosh Tarafdar vs The State Of Assam And 2 Ors
2023 Latest Caselaw 3495 Gua

                                                                 Page No.# 1/4

GAHC010046242022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/1730/2022

            DR. RAMANANDA GHOSH TARAFDAR
            S/O SRI RANENDRANATH GHOSH TARAFDAR, R/O VILL- VIDYANAGAR,
            P.O.-KIRTANTALI, DIST- UNAKOTI, TRIPURA, PIN-799277



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY THE PRINCIPAL SECRETARY AND COMMISSIONER TO
            THE GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT,
            DISPUR, GUWAHATI-781006

            2:THE DIRECTOR OF HIGHER EDUCATION
             KAHILIPARA
             GUWAHATI-19
            ASSAM

            3:KARIMGANJ COLLEGE
             REPRESENTED BY THE PRESIDENT OF THE GOVERNING BODY OF THE
            COLLEGE
             P.O. AND DIST- KARIMGANJ
             PIN-788710
            ASSA

Advocate for the Petitioner   : MR. B CHAKRABORTY

Advocate for the Respondent : SC, HIGHER EDU




             Linked Case : WP(C)/1736/2022
                                                                      Page No.# 2/4


          DR. PRASENJIT RUDRAPAUL
          S/O- BIDHU BHUSHAN RUDRAPAUL
          R/O- VILLAGE DURGAPUR
          P.O- RAJBARI
          DIST- NORTH TRIPURA
          TRIPURA
          PIN-799253


          VERSUS

          THE STATE OF ASSAM AND 2 ORS
          REP. BY THE PRINCIPAL SECRETARY AND COMMISSIONER TO THE GOVT.
          OF ASSAM
          HIGHER EDUCATION DEPARTMENT
          DISPUR
          GUWAHATI-6

          2:THE DIRECTOR
          OF HIGHER EDUCATION
           KAHILIPARA
          ASSAM
           GUWAHATI-19
           3:CACHAR COLLEGE
          REP. BY THE PRESIDENT OF THE GOVERNING BODY
           DIST- CACHAR
           SILCHAR-1
          ASSAM
           ------------
          Advocate for : MR. B CHAKRABORTY
          Advocate for : SC
           HIGHER EDU appearing for THE STATE OF ASSAM AND 2 ORS




                          BEFORE
     HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                   ORDER

31.08.2023

Heard Mr. S Chakraborty, learned counsel for the petitioner. Also heard Mr. AR Tahbildar, learned counsel for the Higher Education Department, Government Page No.# 3/4

of Assam.

2. In these writ petitions, the petitioners have assailed the communication dated 01.02.2022 of the Under Secretary to the Government of Assam in the Higher Education Department informing the Director of Higher Education that the Government in the Higher Education Department is unable to accept the proposal for appointment of the Assistant Professor in the provincialised colleges who are from outside the State. It is stated that the communication dated 01.02.2022 and a similar communication dated 10.02.2022 were the subject matter in WP(C)No.1268/2022 and WP(C)No.1262/2022 and by the judgment dated 21.02.2023, both the communications have been set aside on the principle of violation of Article 16 of the Constitution of India.

3. As the matter had already been decided, we are no longer required to make any further adjudication. Accordingly, the writ petition stands closed by accepting the setting aside of the two communications dated 01.02.2022 and 10.02.2022. The implications thereof shall follow and the entitlement of the petitioners be also determined accordingly.

4. Both the writ petitions stand disposed of in the above terms.

JUDGE Page No.# 4/4

Comparing Assistant