Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 4 Ors on 24 March, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/7
GAHC010256912024
2025:GAU-AS:3176
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6047/2023
SUNITA BARO
D/O- SANATAN BARO
R/O- VILL.- JALABHOROPARA
P.O. JALAHGHAT
P.S. SIMLA
DIST. BAKSA
ASSAM
PIN-781327.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
HIGHER EDUCATION
DISPUR
ASSAM
2:DIRECTOR OF HIGHER EDUCATION
KAHILIPARA
GUWAHATI-19.
3:REGISTRAR
GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR
GUWAHATI-14.
4:NORTH KAMRUP COLLEGE
REPRESENTED BY THE PRINCIPAL AND SECRETARY
DIST. BARPETA
ASSAM
PIN- 781328.
Page No.# 2/7
5:DR. JAYDEV BORO
S/O- KULEN BORO
R/O- VILL.- HAJALPARA
P.O. BETNA
P.S. GORESWAR
DIST. BAKSA
ASSAM
PIN- 781366.
------------
Advocate for : MR. D P CHALIHA
Advocate for : SC
HIGHER EDU appearing for THE STATE OF ASSAM AND 4 ORS
Linked Case : WP(C)/6044/2023
RAISUMAI KHAKHLARI
D/O- KEROL KHAKLARI
R/O- VILL.- PAKRIBARI
P.O. KHOWRANG
PIN- 784509
DIST. UDALGURI
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
HIGHER EDUCATION
DISPUR
ASSAM
2:DIRECTOR OF HIGHER EDUCATION
KAHILIPARA
GUWAHATI-19.
3:REGISTRAR
GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR
GUWAHATI-14.
4:TEZPUR COLLEGE
REPRESENTED BY THE PRINCIPAL AND SECRETARY
DIST. SONIPUR
Page No.# 3/7
ASSAM
5:DR. LAKHIRAM NARZARY
S/O- BANDHALI NARZARY
R/O- VILL.- BATHASIPUR
PIN- 784111
DIST. SONITPUR
ASSAM
------------
Advocate for : MR. D P CHALIHA
Advocate for : SC
HIGHER EDU appearing for THE STATE OF ASSAM AND 4 ORS
Linked Case : WP(C)/6046/2023
RANGJALU BASUMATARY
S/O- ROBIN BASUMATARY
R/O- VILL.- SEREN NAPALI
P.O. AND P.S. SEREN NAPALI
DIST. DHEMAJI
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
HIGHER EDUCATION
DISPUR
ASSAM
2:DIRECTOR OF HIGHER EDUCATION
KAHILIPARA
GUWAHATI-19.
3:REGISTRAR
GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR
GUWAHATI-14.
4:PURBANCHAL COLLEGE
SILAPATHAR
REPRESENTED BY THE PRINCIPAL AND SECRETARY
DIST. DHEMAJI
Page No.# 4/7
ASSAM
PIN- 787061.
5:SRI BUDDHADEV LAHARY
S/O JOGEN LAHARY
R/O VILL.- SEREN NEPALI
P.O. DEKAPAM
P.S.- SIMEN CHAPORI
IN THE DISTRICT OF DHEMAJI
ASSAM
PIN-787061.
------------
Advocate for : MR. D P CHALIHA
Advocate for : SC
HIGHER EDU appearing for THE STATE OF ASSAM AND 3 ORS
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
24.03.2025
Heard Mr. D.P. Chaliha, learned Sr. Counsel assisted by Mr. I. Ahmed, learned
counsel for the petitioners in all the writ petitions. Mr. S. Das, learned counsel appears
for the Higher Education Department; Mr. P.J. Phukan, learned counsel appears for the
Gauhati University; Mr. H.P. Neog, learned counsel appears for the respondent No.4 in
WP(C) No.6046/2023; Mr. J. Sarmah, learned counsel appears for the respondent No.5
in WP(C) No.6046/2023; Md. A. Rahman, learned counsel appears for the respondent
No.5 in WP(C) No.6047/2023, while Mr. P. Borah, learned counsel appears for the
respondent No.5 in WP(C) No.6044/2023.
2. All the three writ petitions are being disposed of by this common judgment and
order, in view of the issue to be decided in all the writ petitions being the same. The
petitioners' prayer is for a direction to be issued to the respondents to set aside the
appointments of the respondent No.5 in WP(C) No.6044/2023 & WP(C) No.6047/2023
and not to appoint the respondent No.4 in WP(C) No.6046/2023.
Page No.# 5/7
3. The petitioners' case is that they were appointed as Assistant Professors on
contract basis in three different colleges between the years 2015-2017. Thereafter, the
three different colleges issued Advertisement dated 11.08.2022 in WP(C)
No.6046/2023, Advertisement dated 09.02.2022 in WP(C) No.6044/2023 and
Advertisement dated 29.12.2022 in WP(C) No.6047/2023, calling for filling up the
vacant post of Assistant Professor in the Department of Bodo language on regular
basis.
4. All the petitioners participated in the selection process pursuant to the
advertisements for filling up the post of Assistant Professor in the Department of Bodo
language on regular basis. In fact, the petitioner in WP(C) No.6044/2023 resigned
from his post of Assistant Professor on contractual basis, to participate in the same.
5. The petitioners were however unsuccessful in the selection process and the
private respondents in all the three writ petitions secured the highest marks, for being
appointed to the vacant posts of Assistant Professors in the various colleges in
pursuance to the advertisements.
6. The petitioners' case is that as the petitioners have been serving as Assistant
Professors on contractual basis for a long period of time, their services should be
regularized in the post of Assistant Professors that were advertised in the three
advertisements. The petitioners' prayer is for setting aside the selection process made
pursuant to the three advertisements. Their further prayer is that the State
respondents should be directed to regularize the services of the petitioners.
7. The counsels for the respondents, on the other hand submit that as the
petitioners have participated in the selection process, for filling up the vacant posts of
Assistant Professors on regular basis, they had waived any right they might have had
to be regularized. In fact, the writ petitioner in WP(C) No.6044/2023 has already
Page No.# 6/7
resigned from his post of Assistant Professor on contractual basis and as such, he has
got no locus standi to make any claim for regularization.
8. I have heard the learned counsels for the parties.
9. As can be seen from the submissions made by the counsels for the parties, the
petitioners were appointed as Assistant Professors in the three colleges in the
Department of Bodo language on contractual basis. The petitioners being desirous of
being recruited to the post of Assistant Professors in the Department of Bodo
language on regular basis pursuant to the advertisements, took part in the selection
process. In fact, the petitioner in WP(C) No.6044/2023 had resigned from his post of
Assistant Professor on contractual basis and thereafter, taken part in the selection
process. However, none of the petitioners were successful and the private respondents
in all the three writ petitions have secured the highest marks for selection and
appointment on regular basis.
10. It is the view of this Court that as the petitioners have taken part in the
selection process for appointment to the posts of Assistant Professor on regular basis
pursuant to the 3 advertisements, they cannot be allowed to turn around and
challenge the selection process. In this respect, it would be profitable to refer to the
judgments of the Supreme Court in the case of Ramesh Chandra Shah & Ors.
Vs. Anil Joshi & Ors., reported in (2013) 11 SCC 309 and in the case of
Ashok Kumar & Anr. Vs. State of Bihar & Ors., reported in (2017) 4 SCC
357, where it has been held that a person who consciously takes part in the selection
process, cannot thereafter, turn around and question the method of selection and it's
outcome. In view of the fact that the writ petitioners had taken part in the selection
process and were unsuccessful in the same, they have no right to turn around and
now demand that their contractual services should be regularized, one of the reasons
being that the petitioners have waived any right that they might have had for
Page No.# 7/7
regularization of their services. Further, in the case of Ganesh Digamber
Jambhrunkar Vs. State of Maharashtra, reported in 2023 SCC OnLine SC
1417, the Supreme Court has held that there is no right to regularization just
because contractual employees are found working for a long period of time.
11. In view of the reasons stated above, this Court does not find any ground to
exercise it's discretion in the present case. The writ petitions are accordingly
dismissed.
12. Interim orders, passed earlier stand vacated.
JUDGE
Comparing Assistant
