Md. Abdul Hannan v. The State of Assam and 3 Ors

O R D E R

19.04.2024.

Heard Ms. V. Khakhalary, learned counsel appearing for the petitioner. Also heard Mr. A.R. Tahbildar, learned Standing Counsel appearing for the respondent No.2. Also heard Mr. D. Mahanta, learned counsel appearing for the applicant in I.A. (Civil) No.1088/2024. The Principal of the Cachar College, in terms of the approval granted by the departmental authorities had issued an advertisement for recruitment to the post of Assistant Professors, including the post of Assistant Professor in Arabic lying vacant in the college. Thereafter, a selection process was held wherein the petitioner also participated. The delay occasioning in taking the selection process to its logical conclusion led the petitioner to institute the present proceedings, praying for a direction upon the respondent authorities to complete the selection process in terms of the interview held on 22.12.2023, for the post of Assistant Professor in Arabic. This Court had vide order dated 13.03.2024 required the Standing Counsel for Page No.# 3/4 the Higher Education Department to obtain instructions in the matter. Accordingly, Mr. A.R. Tahbildar, learned Standing Counsel for the Higher Education Department has placed on record a communication dated 18.04.2024, issued by the Director of Higher Education, Assam which reflects that the selection process as indicated hereinabove was concluded and the matter thereafter was placed before the Director of Higher Education, Assam for final consideration. In terms of the proposal as now submitted, the applicant in I.A. (Civil) No.1088/2024, Dr. Md. Yahiah has been selected by the Selection Committee for appointment against the post of Assistant Professor, Department of Arabic, Cachar College at Silchar. However, on account of pendency of the present proceedings, the Director of Higher Education, Assam has not taken a final decision in the matter. In view of the above position, the selection process involved having been completed, the relief as prayed for in the the present Writ Petition has already been granted by the respondent authorities. Accordingly, the Director of Higher Education, Assam is directed to take a final decision on the proposal as submitted by the authorities of the Cachar College, selecting the applicant in I.A. (Civil) No.1088/2024, for the post of Assistant Professor, Department of Arabic, Cachar College at Silchar, strictly in accordance with the procedure mandated. With the above observation and direction, the Writ Petition stands disposed of. The copy of the communications dated 18.04.2024 and 29.12.2023, as produced by Mr. A.R. Tahbildar, learned Standing Counsel for the Higher Education Department are kept on record and marked as 'A' and 'B' respectively, Page No.# 4/4 for the purpose of identification.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010072232024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/1445/2024 MD.oABDULoHANNAN S/O-oMD.oABULoKALAMo R/O-oVILLAGEoEASToBARHAWORo P.O-oBARHOWAR oDIST-oNAGAON oASSAMo PIN-782439 oVERSUS THEoSTATEoOFoASSAMoANDo3oORS REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHIGHERoEDUCATIONoDEPARTMENT oASSAMo oDISPUR oGUWAHATI-781006 2:THEoDIRECTORoOFoHIGHERoEDUCATION oASSAM KAHILIPARA oGUWAHATI-19 o3:THEoGOVERNINGoBODY OFoCACHARoCOLLEGEo oREPRESENTEDoBYoITSoPRESIDENT oTRUNKoROAD oP.O-SILCHAR oDIST-CACHAR oASSAM oPIN-78001 o4:THEoPRINCIPAL/SECRETARY OFoCACHARoCOLLEGEo o Page No.# 2/4 TRUNK ROAD P.O-SILCHAR DIST-CACHAR ASSAM PIN-780001 ------------ Advocate for : MR. P MAHANTA Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR