[Cites 1, Cited by 0]
Gauhati High Court
Dr. Rajendra Nath Borpuzari vs The Union Of India And 4 Ors on 27 February, 2026
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/5
GAHC010033672026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1163/2026
DR. RAJENDRA NATH BORPUZARI
S/O LATE BHUPENDRA NATH BORPUZARI, R/O 48 TEESTA APARTMENT,
AJANTA PATH, (1ST LEFT BYE LANE GOPAL PHUKAN PATH), SURVEY,
BELTOLA, GUWAHATI, ASSAM, PIN 781028
VERSUS
THE UNION OF INDIA AND 4 ORS
REPRESENTED BY THE SECRETARY, DEPARTMENT OF HIGHER
EDUCATION, MINISTRY OF EDUCATION , 127-C SHASTRI BHAWAN, NEW
DELHI , PIN 110001
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF AGRICULTURE
GOVERNMENT OF ASSAM
ASSAM SECRETARIAT
DISPUR
GUWAHATI
ASSAM
PIN- 781006
3:THE ASSAM AGRICULTURAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR
BORBHETA
JORHAT
ASSAM
PIN- 785013
4:THE CHANCELLOR
ASSAM AGRICULTURAL UNIVERSITY
RAJ BHAWAN
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GUWAHATI
ASSAM
PIN- 781001
5:THE UNIVERSITY GRANTS COMMISSION
REPRESENTED BY ITS CHAIRMAN
BAHADUR SHAH ZAFAR MARG
NEW DELHI
PIN- 11000
Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY
Advocate for the Respondent : DY.S.G.I., SC, AGRI. DEPARTMENT
BEFORE
HON'BLE MR. JUSTICE NELSON SAILO
O R D E R
27.02.2026
Heard Mr. S. Dey, learned counsel for the petitioner, who submits that
the petitioner is aggrieved with the action of the respondents in not
following the UGC guidelines for selecting and appointing the Vice-
Chancellor of the Assam Agriculture University. Referring to the UGC
guidelines, more particularly,clause-7.3(ii), the learned counsel for the
petitioner submits that the Search-cum-Selection Committee should
comprise of persons of eminence in the sphere of Higher Education and
shall not be connected in any manner with the University concerned or its
colleges. Learned counsel submits that in the present case, the
respondents have included one Sri Ajay Tiwari, IAS, Additional Chief
Secretary, Home and Political Department, Government of Assam as one
of the Member for the Search-cum-Selection Committee. The nominated
person is not an eminent person in the sphere of Higher Education, but a
senior bureaucrat. He submits that the said person has also served as a
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Director of Veterinary and Animal Husbandry Department at one point of
time. In that capacity, he was also a Member of the Board of Assam
Agriculture University and as such, having regard to the prescription of
clause-7.3(ii) of the UGC guidelines, he should not have been nominated
as one of the Search-cum-Selection Committee Member. Learned counsel
for the petitioner therefore submits that since the UGC guidelines have
been ignored by the respondent authorities in the process, the selection of
Vice-Chancellor of the University concerned should be stayed. In support
of his submission, learned counsel has cited the following authorities:-
(i) Gambhirdan K. Gadhvi -vs- State of Gujarat and others,
reported in (2022) 5 SCC 179; and
(ii) State of West Bengal -vs- Anindya Sundar Das and others,
reported in (2022) 16 SCC 318.
Mr. P.N. Goswami, learned Additional Advocate General, Assam on
the other hand submits that the petitioner had earlier approached this
Court through WP(C) No.6440/2025, which was disposed of on
19.11.2025 by directing the petitioner to file a representation before the
authority concerned with a further direction to the authority concerned to
consider the representation and to pass a speaking order within a time
frame. Pursuant thereto, the petitioner submitted his representation and
the same was disposed of by way of a speaking order dated 23.12.2025
(Annexure-8) by concluding that the process of appointment of Vice-
Chancellor shall continue under the provision of Assam Agriculture
University Act, as amended, and by the reconstituted Selection Committee
by removing one of the earlier Member and replacing him by Sri Ajay
Tiwari, IAS, Additional Chief Secretary, Home and Political Department,
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Government of Assam.
Learned Additional Advocate General submits that although speaking
order was passed on 12.12.2025, the petitioner has not reacted upon the
same and has now belatedly filed the instant writ petition in the month of
February, 2026. He further submits that as per the instructions received by
him, as many as 31 candidates had submitted their application for the
post in question and the Search-cum-Selection Committee in its meeting
held on 23.01.2026 had shortlisted 10 (ten) candidates out of the 31
candidates and the name of the petitioner does not find a place amongst
the shortlisted candidates. He submits that the University has been
functioning without a Vice-Chancellor on regular basis for a long period of
time and therefore, any disruption at this stage would not be in the
interest of the University and the students. He also submits that the
petitioner knowing fully well about the composition of the Search-cum-
Selection Committee, but did not raise the issue until the filing of the
instant writ petition. Now when the final interaction is to be done amongst
the shortlisted candidates, the petitioner has filed the instant writ petition
for reasons best known to him. As such, it is already clear that the
petitioner has belatedly sought to challenge the process after taking part
in the selection process. The same amounts to approbation and
reprobation which otherwise is not permissible in law. He therefore,
submits that the process of selection may not be stalled by this Court. In
support of his submission, the learned Additional Advocate General has
cited the following authority of the Apex Court rendered in Tajvir Singh
Sodhi & others -vs- the State of Jammu and Kashmir and others, reported
in 2023 Live Law (SC) 253.
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In view of above, issue notice of motion returnable by 06.04.2026.
Mr. K. Gogoi, learned CGC accepts notice on behalf of respondent
No.1, while Mr. P.N. Goswami, learned Additional Advocate General
accepts notice on behalf of respondent Nos. 2, 3 and 4.
Petitioner to furnish requisite extra copies of the writ petition to the
learned counsel for the respondents appearing today within two days.
Petitioner to serve notice upon respondent No.5 through Dr. P.
Agarwal, learned Standing Counsel, UGC. The acknowledgement of the
notice be submitted to the Registry to show proof of service to UGC.
Having regard to the projection made and upon considering the
submission so made, the selection made to the post of Vice-Chancellor,
Assam Agriculture University shall be subject to the outcome of this writ
petition.
List the matter on 06.04.2026.
JUDGE
Comparing Assistant
