Mrigen Barman v. Parishmita Mishra and 4 Ors

ORDER

20.01.2023

Heard Mr. P. Bhardwaj, learned counsel for the applicant/respondent No. 5. Also heard Mr. S. Bora, learned Standing Counsel for the BTC and Mr. A. Chamuah, learned counsel for the Bijni College.

¶2The writ petitioner preferred the connected writ petition i.e. WP(C)/4878/2022 with a grievance that the petitioner has wrongly been Page No.# 4/5 deprived from selection for the post of Assistant Professor in the Department of Assamese under the category of Economically Weaker Section (EWS) in Bijni College.

¶3This Court under its order dated 30.07.2022, while taking up the writ petition directed the respondents not to fill up one post of Assistant Professor (Assamese) under the EWS category in Bijni College, District Chirang (BTAD) Assam inasmuch the petitioner claims herself to a person belonging to EWS quota.

¶4Subsequently, this Court under its order dated 16.09.2022, while considering the matter for the purpose of interim order came to an interim conclusion that as the certificate of EWS are issued on a year to year basis and in absence of the relevant certificate for the year 2021-22 in favour of the writ petitioner, the Court cannot accept the arguments advanced by the learned counsel that the petitioner be treated as a candidate belonging to EWS quota. Accordingly, the Court was not inclined to extend the interim order.

¶5It is the case of the present applicant that though the BTC authority has approved the recommendation of the Selection Committee for appointment of the present applicant/respondent No. 5, for the post of Assistant Professor, (Assamese), however, the authority is not issuing the formal appointment order treating as if, the interim order passed on 30.07.2022 is still continuing.

¶6In view of the aforesaid, Mr. S. Bora, learned Standing Counsel for the BTC submits that there might be some confusion in this regard or the BTC authority might not be aware of the order dated 16.09.2022.

¶7Mr. Chamuah, learned counsel for Bijni College submits that the college Page No.# 5/5 has been suffering for the shortage of teacher. Accordingly, the learned counsel prays that it may be provided that in view of the order dated 16.09.2022, BTC authority may proceed with the appointment pursuant to impugned selection.

¶8This Court is also of the considered opinion that as there is no interim order continuing in view of the order dated 16.09.2022, the BTC authority is at liberty to proceed with the appointment process and to appoint the respondent No. 5. However, the aforesaid observation is made for the purpose of this Interlocutory Application only and this Court has not entered into the merit of the case and merit of the respective claims of the contesting parties in the writ petition.

¶9In the aforesaid terms, this Interlocutory Application stands closed.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010219522022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3160/2022o MRIGENoBARMANo R/O-oBANEKUCHI,o P.O-oBANEKUCHI,o P.SoANDoDIST-oNALBARI,oASSAM,oPIN-781340 VERSUSo PARISHMITAoMISHRAoANDo4oORSo D/O-oLATEoPUTULoMISHRA,oVILLAGE-oKALITAPARA,oP.O-oBHULUKADOBA, P.S-oSORBHOG,oDIST-oBARPETA,oASSAM,oPIN-781317 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoEDUCATIONoDEPARTMENTo oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR oPIN-783370 3:THEoDIRECTORoOFoEDUCATION oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR oASSAM oPIN-783370 4:THEoPRINCIPAL oBIJNIoCOLLEGE oBIJNI oDIST-oCHIRANGo(BTAD) oASSAM oPIN-783390 Page No.# 2/5 5:THE PRESIDENT GOVERNING BODY BIJNI COLLEGE BIJNI DIST- CHIRANG (BTAD) ASSAM PIN-78339 Advocate for the Petitioner : MR P BHARDWAJ Advocate for the Respondent : SC, BTC Linked Case : WP(C)/4878/2022 PARISHMITA MISHRA D/O- LATE PUTUL MISHRA VILLAGE- KALITAPARA P.O- BHULUKADOBA P.S- SORBHOG DIST- BARPETA ASSAM PIN-781317 VERSUS THE STATE OF ASSAM AND 4 ORS. REP. BY THE SECRETARY EDUCATION DEPARTMENT BODOLAND TERRITORIAL COUNCIL KOKRAJHAR PIN-783370 2:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM Page No.# 3/5 PIN-783370 3:THE PRINCIPAL BIJNI COLLEGE BIJNI DIST- CHIRANG (BTAD) ASSAM PIN-783390 4:THE PRESIDENT GOVERNING BODY BIJNI COLLEGE BIJNI DIST- CHIRANG (BTAD) ASSAM PIN-783390 5:MRIGEN BARMAN R/O- BANEKUCHI P.O- BANEKUCHI P.S AND DIST- NALBARI ASSAM PIN-781340 ------------ Advocate for : MR. S BARMAN Advocate for : SC BTC appearing for THE STATE OF ASSAM AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY