Buddhadev Lahary v. Rangjalu Basumatary and 4 Ors

ORDER 11-09-2024 On creation of a post of Assistant Professor of Bodo in Purbanchal College, Silapather, Dhemaji, an advertisement for filling up of the said post was published on 08.11.2022, the applicant along with 7 others including the respondent No.1 participated in the said selection process that was held on 13.02.2023. 2) Thereafter, the respondent No.1 who was serving as a temporary Assistant Professor in the Department of Bodo (Elective) in said Purbanchal College, Silapather, Dhemaji on

09.10.2023 filed the connected writ petition, being WP(C) No. 6046/2023 challenging the selection to the post of Bodo in said Purbanchal College, Silapather, Dhemaji and for further direction to appoint him in the said post. 3) Heard Mr. J. Sharma, learned counsel for the applicant and Mr. M. Rana, learned counsel for the opposite party No.1/writ petitioner. Also heard Mr. S. Das, learned Standing Counsel, Higher Education Department for the opposite party Nos. 2 and 3 as well as Mr. P. J. Phukan, learned Standing Counsel, Gauhati University for the opposite party No. 4. 4) Mr. Sharma, learned counsel for the applicant submitted that in the connected WP(C) No. 6046/2023 preferred by the respondent No.1, the applicant has not been made a party respondent and though he was the first selected candidate for the post of Assistant Professor of Bodo in said Purbanchal College, Silapather, Dhemaji for which advertisement was published on 08.11.2023 and interview was held on 13.02.2023 and the Court in said WP(C) No. 6046/2023 while issuing notice to the respondents on 20.11.2023 in the interim issued an Page No.# 3/3 order of status quo as on said date with regard to the service of the petitioner with the clear observation that no one shall be appointed in pursuant to the said advertisement dated

08.11.2022. 5) Hence, this application by the applicant for his impleadment as party respondent No. 5 in the connected WP(C) No. 6046/2023. 6) After hearing the learned counsel for the parties and considering the entire aspect of the matter, the Court is of the view that the applicant, namely, Sri Buddhadev Lahary, son of Jogen Lahary, resident of village – Seren Nepali, P.O.- Dekapam, P.S. – Simen Chapori, Pin No. 787061 be impleaded as party respondent No.5 in the connected WP(C) No. 6046/2023. 7) Registry shall accordingly, do the needful. 8) With the above observation and direction, this interlocutory application stands allowed.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010178142024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2644/2024 oooooooooooooooin oooooooooooooooooWP(C)o6046/2023o BUDDHADEVoLAHARYo S/OoJOJGENoLAHARY,oR/OoVILL.oSERENoNEPALI,oP.O.oDEKAPAM,oP.S.o SEMENoCHAPORI,oPINo787061 VERSUSo RANGJALUoBASUMATARYoANDo4oORSo S/O-oROBINoBASUMATARY,oR/O-oVILL.-oSERENoNAPALI,oP.O.oANDoP.S.o SERENoNAPALI,oDIST.oDHEMAJI,oASSAM 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oHIGHERoEDUCATION oDISPUR oASSAM 3:DIRECTORoOFoHIGHERoEDUCATION oKAHILIPARA oGUWAHATI-19. 4:REGISTRAR oGAUHATIoUNIVERSITYoGOPINATHoBORDOLOIoNAGAR oGUWAHATI-14. 5:PURBANCHALoCOLLEGE oSILAPATHAR oREPRESENTEDoBYoTHEoPRINCIPALoANDoSECRETARY oDIST.oDHEMAJI Page No.# 2/3 ASSAM PIN- 787061 Advocate for the Petitioner : J SHARMA, MR. P THAKURIA Advocate for the Respondent : SC, HIGHER EDU, SC, G U,MS M ROY,MD. I AHMED,MR M RANA BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK