Gauhati High Court
Pramod Medhi vs Prativa Patowary And 9 Ors on 15 September, 2025
Page No.# 1/6
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
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ASSAM - 783370.
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
Linked Case : I.A.(Civil)/3060/2025
PRAMOD MEDHI
AGED ABOUT 50 YEARS
S/O LATE KAMALAKANTA MEDHI
R/O VILLAGE BHOGPUR
P.O - BARAMA
DIST - BAKSA
BTR, ASSAM. PIN - 781346.
Page No.# 3/6
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
BODOFA NWGWR
KOKRAJHAR
ASSAM - 783370.
4:THE SECRETARY OF EDUCATION
BTC
BODOFA NWGWR
KOKRAJHAR
ASSAM - 783370.
5:THE DIRECTOR OF EDUCATION (BTC)
BODOFA NWGWR
KOKRAJHAR
ASSAM - 783370
6:BODOLAND UNIVERSITY
REPRESENTED BY ITS REGISTRAR
BODOFA NWGWR
KOKRAJHAR
ASSAM -783370.
7:PRINCIPAL SELECTION COMMITTEE OF GORESWAR COLLEGE
REPRESENTED BY ITS CHAIRMAN (VICE CHANCELLOR BODO
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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
------------
For petitioner/appellant(s) : Mr. M. K. Choudhury, Sr. Advocate
Mr. B. Prasad, Advocate
For respondent(s) : Mr. K. N. Choudhury, Sr. Advocate
Mr. G. Bargayary, Advocate
Mr. R. Bhuyan, Advocate
Mr. S. Das, SC, Higher Education
- BEFORE -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
15.09.2025
(Ashutosh Kumar, CJ)
We have heard Mr. M.K. Choudhury, learned senior counsel for the
appellant and Mr. K. N. Choudhury, learned senior counsel for the private
respondent No. 1.
An advertisement was issued on 01.01.2023 by the Governing Body of the
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Goreswar College, Goreswar, in the district of Baksa, Bodoland Territorial Region
(BTR), Assam, inviting applications for the post of Principal of the college. The
requirement under the advertisement was that a candidate must have minimum
10 research publication published in Peer-Reviewed or UGC-CARE listed journals
and a minimum of 110 research score. The preference in the selection had to be
given to candidate belonging to the BTR area. In the selection process, the
appellant scored 400.58 marks, whereas the respondent No. 1 scored 427.4
marks. The respondent No. 1 was selected by the Selection Committee for
appointment as the Principal of the college and forwarded its resolution to the
Governing Body of the college for the needful. The Governing Body, in its
meeting held on 16.04.2023 resolved to appoint the respondent No. 1 as the
Principal of the college. However, in its resolution the Governing Body had also
mentioned that though the appellant had scored less marks, he was a
permanent resident of BTR area. Accordingly, the Governing Body submitted its
resolution to the Director of Education, BTC, for doing the needful. Pursuant
thereto, the Director of Education, BTC, vide its order dated 10.05.2023
appointed the appellant as the Principal of the college. Thus, the appellant was
made to steal the march over the respondent No. 1 on the sole ground that he
was a permanent resident of the BTR area.
The appointment of the appellant was challenged by the respondent No. 1
in WP(C) 3543/2023.
While responding to the afore-noted writ petition, the appellant laid his
hands upon the records under the RTI mechanism which revealed that only 1
out of the 10 papers of respondent No. 1 was published in UGC-CARE listed
journals. The appellant accordingly filed a representation before the respondent
No. 5/Bodoland University for the needful in this regard.
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The appellant also filed WP(C) 598/2024 for setting aside the selection of
the respondent No. 1 by the Governing Body of the college.
By a composite judgment dated 03.09.2025, the learned Single Judge has
dismissed the writ petition [WP(C) 598/2024] filed by the appellant, while
allowing the writ petition [WP(C) 3542/2023] filed by the respondent No. 1 and
directing the respondent authorities to appoint the respondent No. 1 herein in
accordance with the recommendation of the Selection Committee.
The judgment dated 03.09.2025 is impugned in the present appeal.
The appellant has also filed an Interlocutory Application for stay of the
judgment during the pendency of the appeal.
Let Mr. K. N. Choudhury, learned counsel for respondent No. 1 respond to
the afore-noted Interlocutory Application.
Re-notify on 29.10.2025.
JUDGE CHIEF JUSTICE
Comparing Assistant
