Md. Mofidul Islam v. The State of Assam and 6 Ors

ORDER Date : 06.11.2024

¶1Heard Mr. P. Mahanta, learned counsel for the petitioner. Also heard Mr. S. Das, learned standing counsel, Higher Education Department, for the respondent Nos. 1 & 2.

¶2Pursuant to an Advertisement dated 03.09.2024 issued by the Principal & Secretary, Rupahi College for filling up one sanctioned post of Assistant Professor in Political Science Roster Point 2 (OBC/MOBC) at Rupahi College, the petitioner applied for the said post. Thereafter, the petitioner was issued the Call Letter for interview to be held on 07.10.2024 by the Principal, Rupahi College on

23.09.2024. The petitioner, accordingly, appeared for the interview, however, it is the allegation of the petitioner that the Selection Committee failed to award Page No.# 3/3 the petitioner 22 marks for his degree and 5 marks for his HSLC, thereby depriving the petitioner of 27 valuable marks. The petitioner was given only a total of 43 marks in academic, which is against the Guidelines for selection of the Assistant Professor/Librarians in provincialised Government and Government Model College of Assam issued by the Higher Education Department by Office Memorandum dated 24.01.2022.

¶3The Selection Committee accordingly recommended the case of one Channika Borah for the post of said Assistant Professor in Political Science in the Rupahi College. It is the further submission of the learned counsel for the petitioner that being aggrieved by the action of the Selection Committee by violating the Guidelines issued in terms of the Office Memorandum dated

24.01.2022, the petitioner filed a complaint before the Director, Higher Education, Assam on 14.10.2024. It is further submitted that the Director of Higher Education, Assam has not taken a final decision till date.

¶4Considering the fact that the Director of Higher Education, Assam is yet to take a final decision with regard to selection for the post of Assistant Professor in Political Science in the Rupahi College and also taking into consideration that the petitioner has already filed a complaint on 14.10.2024, this writ petition is disposed of directing the Director of Higher Education, Assam to first consider the complaint made by the petitioner and thereafter, take a final decision in the matter.

¶5With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010228652024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5677/2024o MD.oMOFIDULoISLAMo S/O-oLATEoNURUZoZAMAL,oRESIDENToOFoVILLAGE-oPUTHIKHAITY,oP.O.o RUPAHI,oP.S.-oRUPAHIHAT,oDISTRICT-oNAGAON,oASSAM,oPIN-o782125 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oEDUCATIONo(HIGHER)oDEPARTMENT,oDISPUR,oANDo GUWAHATI-06 2:THEoDIRECTORoOFoHIGHERoEDUCATION oKAHILIPARA oGUWAHATI-19 oDISTRICT-oKAMRUPo(M) oASSAM 3:THEoGOVERNINGoBODYoOFoRUPAHIoCOLLEGE oREPRESENTEDoBYoITSoPRESIDENT oRUPAHIoCOLLEGE oP.O.-oRUPAHI oDISTRICT-oNAGAON oASSAM,oPIN-o782125 4:THEoPRINCIPAL/SECRETARYoOFoRUPAHIoCOLLEGE oREPRESENTEDoBYoITSoPRESIDENT oRUPAHIoCOLLEGE oP.O.-oRUPAHI oDISTRICT-oNAGAON oASSAM,oPIN-o782125 5:THEoCHAIRMANoOFoTHEoSELECTIONoCOMMITTEE oOFoRUPAHIoCOLLEGEoCONSTITUTEDoFORoTHEoSELECTIONoOFoASSISTANT Page No.# 2/3 PROFESSOR POLITICAL SCIENCE IN RUPAHI COLLEGE P.O.- RUPAHI DISTRICT- NAGAON ASSAM, PIN- 782125 6:UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS SECRETARY HAVING ITS OFFICE AT BAHADUR SHAH ZAFAR MARG NEW DELHI- 110002 7:CHANNIKA BORAH C/O- PRINCIPAL OF RUPAHI COLLEGE P.O.- RUPAHI DISTRICT- NAGAON ASSAM, PIN- 78212 Advocate for the Petitioner : MR. P MAHANTA, C SARMA,V KHAKHALARY Advocate for the Respondent : SC, HIGHER EDU, BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR