Dr. Anamya Roy v. The State of Assam and 14 Ors

Judgment & Order(Oral) Date : 29.04.2024

Heard Mr. N. Dhar, learned counsel for the petitioner. Also heard Mr. S. Das, learned Standing Counsel for the Higher Education Department representing the respondents no. 1 & 2.

¶2In view of the nature of the order being passed in the present proceeding today, notices upon the respondents no. 3 to 15 is deemed to be not necessary.

¶3The petitioner herein, by way of instituting the present proceeding has assailed the selection of the respondent no. 15 Smti Jayanti Choudhury, by the Selection Committee as constituted for the Pandit Deen Dayal Upadhaya Page No.# 6/10 Adarsha Mahavidyalaya, Eraligooi, Assam for appointment as Assistant Professor in the Department of Bengali under PwD category on 30.08.2023. The petitioner has also assailed the approval as granted by the Governing Body of the said institution to the said selection as made in respect of the respondent no. 15, vide the resolution no. 13 adopted in its meeting held on

30.08.2023.

¶4In pursuance to an advertisement dated 20.07.2023, issued by the authorities of Pandit Deen Dayal Upadhaya Adarsha Mahavidyalaya, Eraligooi, Assam inviting applications from eligible candidates of direct recruitment to sanctioned posts of Assistant Professor in different subjects including the subject of Bengali, the petitioner along with other eligible candidates, including the respondent no. 15 had submitted their respective applications. It is to be mentioned that in terms of the said advertisement dated

20.07.2023, the post of Assistant Professor, Bengali as advertised was reserved for persons with bench mark disability. The applications of the petitioner and the respondent no. 15 being found to be satisfying the eligibility criterias as prescribed in the matter were issued with call letters to appear before the Selection Committee on

29.08.2023. It is contended that the petitioner appeared before the Selection Committee on 29.08.2023. Thereafter, the matter not been taken forward, led the petitioner to submit an RTI application on 16.09.2023, seeking information, as well as the documents, pertaining to the selection process as held for the posts of Assistant Professor in the Department of Bengali as advertised in the advertisement dated 20.07.2023. The said information not being furnished, the petitioner instituted WP(C)/6369/2023 and this Court, Page No.# 7/10 vide order dated 18.09.2023, proceeded to dispose of the writ petition directing the Director of Higher Education, Assam to provide to the petitioner, the information as sought for. It is the contention of the petitioner that in pursuance to the directions passed by this Court, the Principal of Pandit Deen Dayal Upadhaya Adarsha Mahavidyalaya, Eraligooi, Assam on

16.02.2023, proceeded to furnish to the petitioner the requisite information and documents.

¶5On perusal of the said documents and information as furnished to the petitioner, the petitioner contends to have discovered that the respondent no. 15 was so recommended by the Selection Committee for appointment against the post of Assistant Professor in the Department of Bengali as advertised vide the advertisement dated 20.07.2023, clearly in violation of the procedure prescribed in this connection under the guidelines holding the field.

¶6It is the further contention of the petitioner that the respondent no. 15 did not have a uniformly good academic career. The petitioner also contends that the M.A. degree in Bengali as obtained by the respondent no. 15 was so obtained as an off-campus candidate, which was contended to be not in terms of the norms as laid down by the UGC for appointment to the post of Assistant Professor. The Ph.D as obtained by the respondent no. 15 was also questioned by the writ petitioner.

¶7In the above premises, the petitioner assails the selection of the respondent no. 15 against the post in question and requires this Court to interfere with the same.

¶8Mr. S. Das, learned Standing Counsel for the Higher Education Page No.# 8/10 Department on a query raised by this Court has received instructions from the Director of Higher Education Assam, and in terms thereof, has submitted that the proposal as submitted by the Principal of the said college for appointment of the respondent no. 15 as Assistant Professor in the Department of Bengali, under PwD category in the College, on 30.08.2023 was not given a final consideration by the Director, Higher Education, Assam and presently the same is pending due to the prevailing Model Code of Conduct for general election, 2024.

¶9As evident from the instructions as placed on record by the learned Standing Counsel for the Higher Education Department, the proposal as submitted pertaining to the appointment of the respondent no. 15 herein, is presently pending consideration with the Director of Secondary Education, Assam for examination, this Court is of the considered view that the matter having not been given a final consideration by the Director of Higher Education, Assam, the present proceeding is to be held to be pre-mature. However, considering the grievances raised by the petitioner as well as the allegation leveled pertaining to the selection of the respondent no. 15 against the post in question, this Court, hereby directs the petitioner to submit a detailed representation before the Director of Higher Education, Assam, and therein, highlight with materials the inconsistency and or, irregularity in the selection as made by the Selection Committee of the College in question in selecting the respondent no. 15 against the post of Assistant Professor in the Department of Bengali, under PwD category.

¶10The representation as now required to be submitted by petitioner, shall be so submitted on or, before 10.05.2024. On receipt of such representation Page No.# 9/10 from the petitioner, the Director of Higher Education, Assam before arriving at its decision with regard to the proposal pertaining to appointment against the post of Assistant Professor in the Department of Bengali under PwD category in the College in question, shall in addition to considering the contentions as raised by the petitioner in her representation, also afford an opportunity of hearing to the petitioner herein, the respondent no. 15 and the College authorities of the College in question to place their respective cases before him.

¶11The Director of Higher Education, Assam on receipt of the representation from the petitioner, along with a certified copy of this order, shall fix a date for hearing in the matter and issue notices thereof to the petitioner, the respondent no. 15 and the College authorities requiring their appearance on the date so fixed.

¶12The Director of Higher Education, Assam, upon considering the contentions as made by the petitioner herein in her representation as now permitted to be submitted by her and upon hearing the petitioner, the respondent no. 15 as well as the College authorities proceed to dispose of the same by way of issuing a speaking order, containing the decision as may be arrived at by Director, Higher Education, Assam, along with the reasons basing on which such decision was so arrived at.

¶13The speaking order so issued, shall be communicated to the petitioner, the respondent no. 15 as well as the College authorities. Further processing of the matter shall be so made as per the decision that would be arrived at by the Director of Higher Education, Assam in the matter.

¶14The above exercise shall be initiated and completed within a period of Page No.# 10/10 3(three) months from the date of receipt of a certified copy of this order. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant

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