R. K. Tampha Sana v. The State of Assam and 9 Ors

ORDER

17.05.2024. Heard Shri GN Sahewalla, learned Senior counsel for the petitioner. Also heard Shri K Gogoi, learned Standing Counsel, Higher Education Department, Assam as well as Shri S Dutta, learned Senior Counsel for the respondent nos. 6 and 7, who has filed the connected IA(C)/3688/2023.

¶2The controversy raised in this petition is with regard to a recruitment process for filling up various posts, including the post of Assistant Professor in the subject of Manipuri in the Gurucharan College, Silchar.

¶3Shri Sahewalla, learned Senior Counsel for the petitioner has highlighted the aspect that in the selection, undue marks were allotted to one of the candidates for which, the petitioner could not be selected as the number one nominee.

¶4On the basis of the aforesaid projection, an interim order was passed by this Court on 28.07.2023 while issuing notice by directing that the post in question shall not be filled up till the next returnable date. In the interlocutory application filed by the College authorities, apart from disputing the projection, the important issue of the selected candidate not being made a party has been highlighted.

¶5Shri Gogoi, learned Standing Counsel has also made objection by contending that the writ petition is pre-mature. Page No.# 4/4

¶6Be that as it may, not making the selected candidate a party would not enable this Court to come to a fair conclusion.

¶7The learned Senior Counsel for the petitioner, at this stage, has submitted that he may be allowed to withdraw the writ petition, however, with liberty to file afresh by making the selected candidate a party respondent.

¶8In view of the aforesaid submission, both the writ petition and the interlocutory application stand closed. The interim order dated 28.07.2023 stands vacated.

¶9The petitioner, however, would be at liberty to pray for interim order(s) in the fresh petition, if so filed, which would be considered as per its own merits.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010277962023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o I.A.(Civil)/3688/2023oIn WP(C)/4202/2023oo GURUCHARANoCOLLEGEoANDoANR.o REPRESENTEDoBYoITSoPRINCIPAL,oCOLLEGEoROAD,oG.C.oCOLLEGEoROAD, SILCHAR,oASSAM-788004. 2:oTHEoPRINCIPAL oGURUCHARANoCOLLEGE oCOLLEGEoROAD oG.C.oCOLLEGEoROAD oSILCHAR oASSAM-788004o VERSUSo R.oK.oTAMPHAoSANA,o W/O-oSHRIoKUNALoKEISHAM,oR/O-oLAKHIPURoTOWN,oWARDoNO.o8,oP.O.o ANDoP.S.oLAKHIPUR,oDIST.oCACHAR,oASSAM-788103. AdvocateoforotheoPetitionerooooo:oMRoSoDUTTAo AdvocateoforotheoRespondento:oMRoGoNoSAHEWALLAoo PageoNo.#o2/4 WP(C)/4202/2023 R.oK.oTAMPHAoSANA W/O-oSHRIoKUNALoKEISHAM oR/O-oLAKHIPURoTOWN oWARDoNO.o8 oP.O.oANDoP.S.oLAKHIPUR oDIST.oCACHAR,ooASSAM-788103. oVERSUS THEoSTATEoOFoASSAMoANDo9oORS. REPRESENTEDoBYoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oHIGHERoEDUCATIONoDEPARTMENT oASSAMoSECRETARIAT oBLOCK-D o4THoFLOOR oDISPUR oGUWAHATI oKAMRUP(M) oASSAM-781006. 2:THEoCOMMISSIONERoANDoSECRETARY GOVERNMENToOFoASSAM oHIGHERoEDUCATIONoDEPARTMENT oASSAMoSECRETARIAT oBLOCK-D o4THoFLOOR oDISPUR oGUWAHATI oKAMRUP(M) oASSAM-781006. o3:THEoDIRECTOR DIRECTORATEoOFoHIGHERoEDUCATIONoDEPARTMENT oKAHILIPARAoMAINoROAD oJATIA oKAHILIPARA oGUWAHATI oKAMRUP(M) oASSAM-781019. o4:THEoDEPUTYoDIRECTOR DIRECTORATEoOFoHIGHERoEDUCATIONoDEPARTMENT oKAHILIPARAoMAINoROAD oJATIA oKAHILIPARA oGUWAHATI Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI