Assam University Sc and St Employees Welfare Association (Ausewa) and 4 Ors v. The Union of India and 5 Ors

ORDER

14.06.2023

Heard Shri B. Purkayastha, learned counsel for the petitioners. Also heard Shri S.C. Keyal, learned Standing Counsel for the Assam University, Shri A. Chamuha, learned Standing Counsel, UGC, Ms. S. Dev, learned counsel for the respondent no. 4 and Shri U. Sharma, learned counsel for the Secondary Education Department. The grievance of the petitioners, out of which the petitioner no. 1 is an Association, is with regard to a recruitment process initiated vide advertisements dated 06.08.2019, 07.09.2019 and 08.08.2019 concerning 6 (six) nos. posts. The principal ground of challenge is that post earmarked for reserved categories have been de-reserved without following the due process of law. Page No.# 4/4 Shri Purkayastha, the learned counsel has however fairly submitted that he has been instructed by his clients that in the meantime, the policy of de-reservation has been withdrawn and accordingly, he prays for a direction for initiating a fresh recruitment process by setting aside the earlier recruitment process initiated by the impugned advertisement. The aforesaid submission of Shri Purkayastha, the learned counsel for the petitioners is endorsed by Shri Keyal, the learned Standing Counsel for the Assam University and submits that the decision for de-reserving has been revoked. Shri A. Chamuha, learned Standing Counsel, UGC submits that it is up to the University Authorities to take a decision. Ms. S. Dev, the learned counsel for the respondent no. 4 however by referring to the affidavit-in-opposition filed on 16.12.2022 has submitted that the decision has been revoked as steps have been taken to prepare the roster point by following the reservation policy. Ms. Dev, the learned counsel further submits that the respondent no. 4 has categorically stated that there was no lapse on his part. Shri Keyal, the learned Standing Counsel at this stage informs this Court that roster point reservation has already been prepared and the same would be acted upon. In view of the above, there is hardly anything left to be adjudicated in this writ petition. Accordingly, the same stands allowed by setting aside the impugned advertisements dated 06.08.2019, 07.09.2019 and 08.08.2019 and in view of the admitted position that roster point has been prepared, fresh recruitment may be initiated by following the due process of law. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010228972019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7077/2019o ASSAMoUNIVERSITYoSCoANDoSToEMPLOYEESoWELFAREoASSOCIATIONo (AUSEWA)oANDo4oORS.o REP.oBYoITSoPRESIDENToANDoSECRETARY,oOFFICEoADDRESS-oASSAMo UNIVERSITY,oSILCHAR,oCAMPUS,oDIST.oCACHAR,oASSAM,oPIN-788011 2:oRAVIoRAJWANSHI oS/OoDR.oBECHEoLALoRAJWANSHI oASSISTANToPROFESSOR oDEPTT.oOFoBIOTECHNOLOGY oASSAMoUNIVERSITY oSILCHAR oPRESIDENToASSAMoUNIVERSITYoSCoANDoSToEMPLOYEESoWELFAREo ASSOCIATIONo(AUSEWA) oR/OoRANGIRKHARI oSILCHAR oDIST.oCACHARoASSAM oPIN-788005 3:oRANJIToDAS oS/OoLT.oSURESHoCHANDRAoDAS oASSISTANToFINANCEoSECTION oSECREATRYo oASSAMoUNIVERSITYoSCoANDoSToEMPLOYEESoWELFAREoASSOCIATIONo (AUSEWA) oR/OoPUSHPAoBIHARoLANE oMEHERPUR oSILCHAR oDIST.oCACHAR oASSAM oPIN-788015 4:oOSORoPERTIN oMoTECHoINoELECTRONICoANDoCOMMUNICATIONoENGINEERING oSToCATEGORYoCANDIDATE PageoNo.#o2/4 R/O-oVILL-oBOLUNGo1 oNEARoGOVToHSoSCHOOL oDIST-oLOWERoDIBANGoVALLEY oARUNACHALoPRADESH oPIN-o792110 oPRSENToR/O-oSILCHARoTOWN oDIST-oCACHAR oASSAM 5:oJAGADISHoHANSA oS/O-oTIKESWARoHANSA oSCoCANDIDATE oPH.DoBIOTECHNOLOGYoDEPTT oPERMANENToR/O-oVILLoANDoP.O-oKINDIRA oSAMBALPUR oODISHA oPIN-o768222 oC/O-oRANJIToDASoSILCHAR oDIST-oCACHAR oASSAM oPIN-o78801o VERSUSo THEoUNIONoOFoINDIAoANDo5oORS.o REP.oBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHUMANoRESOURCEo DEVELOPMENT,oDEPTT.oOFoHIGHERoEDUCATION,oSHASTRIoBHAWAN,o NEWoDELHI-110011 2:THEoVICEoCHANCELLORoCUMoCHAIRPERSON oEXECUTIVEoCOUNCIL oASSAMoUNIVERSITY oSILCHAR oCACHAR oASSAM oPIN-o788011 3:THEoREGISTRAR oASSAMoUNIVERSITY oSILCHAR oCACHAR oASSAM oPIN-o788011 4:DRoLoNoSETHI oTHEoLIAISONoOFFICERo(FORoSC oSToANDoPWD) oASSAMoUNIVERSITY Page No.# 3/4 SILCHAR DIST- CACHAR ASSAM PIN- 788011 5:THE SECRETARY TO THE GOVT OF INDIA MIN OF PERSONNEL PUBLIC GRIEVANCES AND PENSION DEPTT OF PERSONNEL AND TRAINING NORTH BLOCK NEW DELHI PIN- 110001 6:THE UNIVERSITY GRANT COMMISSION TO BE REP. BY ITS SECRETARY/CHAIRPERSON BAHADUR SHAH ZAFAR MARG NEW DELHI PIN- 11000 Advocate for the Petitioner : MR. B PURKAYASTHA Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI