Dr. Jayanta Pathak v. Dr. Bipul Talukdar and 3 Ors

ORDER

05.01.2023 [N. Kotiswar Singh, J.] Heard Mr. N.J. Gogoi, learned counsel for the appellant. Also heard Mr. N. Nath, learned counsel for the respondent No.1 and Mr. K. Gogoi, learned standing counsel, Higher Education (Technical) Department, Assam.

¶2When this matter was taken up, it has been submitted by Mr. K. Gogoi, learned standing counsel, Higher Education (Technical) Department that though the principal respondent No.1 Dr. Bipul Talukdar had challenged the promotion of the appellant Dr. Jayanta Pathak to the post of Professor, during the litigation period, the principal respondent No.1 Dr. Bipul Talukdar has been also promoted to the post of Professor on 03.03.2012.

¶3Dr. Jayanta Pathak was recommended for promotion to the post of Professor vide order dated 21.07.2010 which was subsequently confirmed by the Government of Assam on

29.02.2012 with effect from the date of joining i.e. 11.01.2011. Though the said appointment was the subject matter of challenge, because of interim orders passed by this Court, he has continued to remain Professor uninterruptedly till date.

¶4The aforesaid factual position has not been disputed by either of the parties. Thus, what we find is that both the contesting parties have been serving as Professors w.e.f. 2011 and 2012, respectively. More than a decade has elapsed. Though certain issues have been raised as to the legality of the recommendation made by the Selection Committee by the principal respondent Dr. Bipul Talukdar, considering the fact that they have been serving as Page No.# 3/3 Professors for more than a decade, Dr. Bipul Talukdar has fairly submitted that he does not wish to pursue this matter.

¶5This Court appreciates the stand taken by Dr. Bipul Talukdar which will lead to the closure of this proceeding which has been going on for a long period. As a consequence, since Dr. Bipul Talukdar has opted not to pursue the challenge to the recommendation/promotion of Dr. Jayanta Pathak, his appointment as a Professor, will stand affirmed, without any encumbrance.

¶6Accordingly, in view of the above submissions made, the present writ appeal can be closed.

¶7In the result, for the reasons discussed above, we set aside the impugned order passed by the learned Single Judge on 26.11.2018 in WP(C) No.4672/2010 by affirming the selection and subsequent order passed by the Government appointing Dr. Jayanta Pathak as the Professor, however, the legal issues which have been raised in this appeal being not decided on merit, are kept open, to be decided in any appropriate proceeding as and when raised. Comparing Assistant Sd/- Arun Dev Choudhury JUDGE Sd/- N. Kotiswar Singh JUDGE

Page No.# 1/3 GAHC010007582019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/13/2019 DR. JAYANTA PATHAK S/O LATE DR. GURU MOHAN PATHAK, PROFESSOR, DEPTT. OF CIVIL ENGINEERING, ASSAM ENGINEERING COLLEGE, JALUKBARI, GUWAHATI 781013 VERSUS DR. BIPUL TALUKDAR AND 3 ORS ASSOCIATE PROFESSOR , DEPTT. OF CIVIL ENGINEERING, ASSAM ENGINEERING COLLEGE, JALUKBARI, GUWAHATI 781013 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM HIGHER EDUCATION (TECHNICAL) DEPTT. DISPUR GUWAHATI 781006 3:THE DIRECTOR TECHNICAL EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 4:THE PRINCIPAL ASSAM ENGINEERING COLLEGE JALUKBARI GUWAHATI 78101 Advocate for the Petitioner : Advocate for the Respondent : SC, HIGHER EDU Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE N. KOTISWAR SINGH HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY