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Gauhati High Court
Pramod Medhi vs Prativa Patowary And 9 Ors on 8 December, 2025
Author: M. Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/7
GAHC010205732025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/288/2025
PRAMOD MEDHI
S/O LATE KAMALKANTA MEDHI, R/O VILLAGE BHOGPUR, P.O - BARAMA,
DIST - BAKSA, BTR, ASSAM. PIN - 781346.
VERSUS
PRATIVA PATOWARY AND 9 ORS
D/O LATE SARD CHANDRA PATOWARY, HOUSE NO. 8-H, SHANTI VALLEY,
APARTMENT, BLOCK - A, P.O GATANAGAR, P.S JALUKBARI, DISTRICT -
KAMRUP (M), ASSAM- 781011.
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY
EDUCATION (HIGHER) TO THE GOVERNMENT OF ASSAM
DISPUR
GUWAHATI - 781006
DISTRICT- KAMRUP (METRO)
ASSAM.
3:THE BODOLAND TERRITORIAL COUNCIL (BTC)
REPRESENTED BY THE PRINCIPAL SECRETARY
BODOGA NWGWR
KOKRAJHAR
ASSAM - 783370.
4:THE SECRETARY OF EDUCATION
BTC
BODOGA NWGWR
KOKRAJHAR
ASSAM - 783370.
5:THE DIRECTOR OF EDUCATION (BTC)
BODOGA NWGWR
KOKRAJHAR
ASSAM - 783370.
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6:BODOLAND UNIVERSITY
REPRESENTED BY ITS REGISTRAR
BODOGA NWGWR
KOKRAJHAR
ASSAM - 783370.
7:PRINCIPAL SELECTION COMMITTEE OF GORESWAR COLLEGE
REPRESENTED BY ITS CHAIRMAN (VICE CHANCELLOR BODOLAND
UNIVERSITY)
GORESWAR COLLEGE
GORESWAR
DISTRICT - KOKRAJHAR
ASSAM - 783370.
8:THE GOVERNING BODY OF GORESWAR COLLEGE
GORESWAR REPRESENTED BY ITS PRESIDENT
DISTRICT TAMULPUR
ASSAM - 781366.
9:THE DIRECTOR
INTERNAL QUALITY ASSURANCE CELL
BODOLAND UNIVERSITY
DISTRICT - KOKRAJHAR
BTR ASSAM -783370.
10:UNIVERSITY GRANT COMMISSION
REPRESENTED BY THE SECRETARY
35 FEROZE SHAH ROAD
NEW DELHI - 11000
Advocate for the Petitioner : MR D KALITA, MR B PRASAD,MR. M K CHOUDHURY,MR J
LOTHA
Advocate for the Respondent : MR G BARGAYARY, SC, U G C,SC, BODOLAND
UNIVERSITY,SC, BTC,SC, HIGHER EDU,FOR CAVEATOR,MR P P MEDHI,Z HAQUE
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
08.12.2025
(M. Zothankhuma, J)
Heard Mr. M.K. Choudhury, learned Sr. Counsel for the appellant assisted by
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Mr. D. Kalita. Also heard Mr. K.N. Choudhury, learned Sr. Counsel for the
respondent No.1 assisted by Mr. P.P. Medhi. Mr. A.K. Bhuyan, learned counsel
appears for the respondent Nos.3-5/BTC. Mr. K.K. Dey, learned counsel appears
for the respondent No.6, while Dr. P. Agarwal, learned counsel appears for the
respondent No.10/UGC.
2. The issue to be decided in this appeal boils down to whether the
respondent No.1 has got the eligibility criteria, for taking part in the selection
process for filling up the post of Principal, Goreswar College, in terms of Clause
5 of the Advertisement dated 01.01.2023, wherein it is stated as follows:-
"5. A minimum of 10 research publication in Peer-Reviewed or UGC listed
journals and a minimum of 110 research score as per APPENDIX-II at
Table-2."
3. The appellant and the respondent No.1 had taken part in the selection
process in terms of the advertisement for filling up the post of Principal of
Goreswar College, wherein the appellant secured 400.58 marks, while the
respondent No.1 secured 427.4 marks. The Selection Committee recommended
the name of respondent No.1 for appointment to the post of Principal, keeping
in view the fact that she had secured higher marks than the appellant. However,
the State respondents appointed the appellant to the post of Principal, on the
ground that he was to be given preference,as he was a permanent resident of
the BTC area, in terms of Clause-10 of the advertisement.
4. The respondent No.1 being aggrieved by the appointment of the appellant
who had secured lesser marks than her, filed WP(C) No.3543/2023. The
appellant in his affidavit-in-opposition in WP(C) 3543/2023, took the stand that
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as he was a permanent resident of BTC area, there was no infirmity in the
decision of the State respondents in appointing the appellant over the
respondent no. 1 to the post of Principal, as the same was in consonance with
the conditions laid down in Clause 10 of the advertisement.
5. The appellant thereafter filed WP(C) 598/2024 against the respondent
no.1, stating that the respondent no.1 did not have the eligibility criteria for
participating in the selection process for the post of Principal, as the respondent
no.1 did not have a minimum of 10 research publications in a Peer-reviewed or
UGC listed journals, as required under clause 5 of the advertisement.
6. The learned Single Judge thereafter passed a common judgment and
order dated 03.09.2025, disposing of both WP(C) 598/2024 along with WP(C)
3543/2023, by holding that the issue of preference to be given to a person
residing in the BTR area, would only come to play when all other things
between the two parties were equal. As the respondent no.1 secured higher
marks than the appellant in the selection process, the preference clause could
not be applied by the State respondents. With regard to the issue raised by the
appellant that the respondent no.1 did not have the eligibility criteria for
participating in the selection process, the learned Single Judge held that the
issue raised by the appellant was an after-thought.
7. The learned Single Judge thereafter set aside the appointment order dated
10.05.2023, appointing the appellant as the Principal of Goreswar College and
directed the respondents to proceed in accordance with the recommendation of
the Selection Committee by appointing the respondent no.1 to the post of
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Principal.
8. The appellant's counsel Mr. M.K. Choudury, has at the outset, stated that
he does not wish to press the present appeal with regard to the issue relating to
Clause-10, as the decision of the learned Single Judge appears to be correct. He
however submits that the respondent no. 1 is not eligible to participate in the
selection process in terms of Clause-5 of the advertisement, inasmuch as, the
Annexure-I (colly) of the affidavit-in-opposition filed on behalf of the respondent
nos. 2, 3 & 4, i.e., the Director of Education, BTC, shows that the meeting
minutes of the Committee constituted for re-verification of the research papers
published in journals submitted by Dr. Prativa Patowary (respondent No.1) and
Dr. Pramod Medhi (appellant) on 04.04.2024, shows that the respondent no. 1
did not have the eligibility criteria to participate in the selection process, as
required under Clause-5 of the advertisement.
9. On considering the issue at hand, we are of the view that as the
constitution of the Selection Committee, which had initially considered the
research papers of the parties is different from the Committee for re-verification
of the research papers constituted on a subsequent date, the BTC authorities
should produce all the records pertaining to the research papers submitted by
the parties herein, which were to be published in Peer-reviewed or UGC listed
journals, before a new Committee appointed by this Court, who shall look into
the issue, inasmuch as, we are not experts in this field.
10. On considering the fact that there is a divergence of views in respect of
the Research Publications submitted by the appellant and the respondent no.1
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by the two different Committees, we are of the view that a 3 rd Independent
Committee should be constituted to take a final decision with regard to whether
the appellant and the respondent no.1 have the eligibility criteria, for taking part
in the selection process for filling up the post of Principal, Goreswar College, in
terms of Clause 5 of the Advertisement dated 01.01.2023. Accordingly, with the
consent of the parties, a Committee is constituted with the following members :
(i) Dr. Hrishikesh Baruah,
Principal, K.C. Das, Commerce College.
(ii) Mr. Rajiv Handique,
Academic Registrar, Gauhati University and
(iii) Manoj Mahanta,
Principal, Pragjyotish College.
11. The Committee is required to look into the Research Publications that
have been submitted by the appellant and the respondent no.1, pursuant to the
Advertisement dated 01.01.2023 and make a Report, as to whether the 10
Research Publications of the appellant and the respondent no.1 come within
Clause 5 of the Advertisement dated 01.01.2023. The Report of the Committee
should be submitted to the Registrar General of this Court by way of a sealed
envelope, within 1 (one) month from the date of receipt of a certified copy of
this order. The Chairman of the 3 Members Committee so formed shall be Dr.
Hrishikesh Baruah, Principal, K.C. Das, Commerce College. The remuneration to
be provided to each of the 3 Members Committee, shall be in terms of the
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norms laid down by the Bodoland Territorial Council (BTC) and the same will be
paid by the Secretary of Education, BTC to the 3 Members Committee. In the
event the BTC do not have any norms for payment of remuneration to the 3
Members Committee, the Secretary of Education, BTC shall pay to each of the 3
Members, Rs.20,000/- (Rupees twenty thousand) each. The Registrar of the
Bodoland University shall ensure that the Research Publications submitted by
the appellant and the respondent no.1 is given to Dr. Hrishikesh Baruah,
Principal, K.C. Das, Commerce College, within a period of one week from the
date of receipt of a certified copy of this order.
12. List the matter on 19.01.2026.
13. Interim order passed earlier to continue till the next date.
JUDGE JUDGE
Comparing Assistant
