Suklal Debnath v. The State of Assam and 4 Ors

ORDER Date : 12.11.2024 Heard Mr. J. U. Ahmed, learned counsel for the petitioner. Also heard Mr. S. Bhuyan, learned Standing counsel, Higher Education Department for the respondent Nos. 1 & 2, Ms. R. B. Borah, learned Standing counsel, BTC for the respondent No. 3; Mr. A. Wahab learned counsel for the respondent No. 4; Mr. M. U. Mondal, learned counsel for the respondent No. 5 and Mr. A. Alim Sk, learned counsel for the respondent No. 6.

¶2The petitioner was initially appointed temporarily for the post of Night Guard (Grade-IV) in the Fakiragram College on a monthly remuneration of Rs. 2,000/- (rupees two thousand) by a Communication dated 29.10.2014 issued by Page No.# 3/4 the Secretary of the Fakiragram College. While the petitioner was functioning as such, the Principal-in-Charge, Fakiragram College issued an Advertisement, which was published in the Assam Tribune on 29.10.2018 for filling up 1 (one) vacant sanctioned post of Grade-IV (Unreserved) at the Fakiragram College. The petitioner being eligible, made his application for the said post of Grade-IV (Unreserved) and he was called for interview on 29.07.2019. Thereafter, the Governing Body of Fakiragram College, in its meeting held on 24.08.2019, approved the selection of the respondent No. 6/Mohidul Islam and recommended to the Principal-in-Charge to submit the same before the Director of Education, BTC, Kokrajhar.

¶3In the meantime, 3 (three) members of the Governing Body made a representation before the Director of Education, BTC, Kokrajhar on 28th August, 2019 withdrawing their signatures from the Resolution No. 4 dated 24th August, 2019 regarding appointment of Grade-IV post of Fakiragram College. In view of the said representation dated 28th August, 2019, the Director of Education, BTC, directed the Joint Director of Education, BTC to conduct an enquiry by a Communication dated 7th September, 2019. Accordingly, the Joint Director, BTC held an enquiry and submitted his report on 21st October, 2019 before the Director of Education, Bodoland Territorial Council, Kokrajhar.

¶4Mr. M. U. Mondal, learned counsel for the respondent No. 5/the Principal of Fakiragram College submits that as the expert body has made the selection, no interference should be made in the said recommendation of the Governing Body of the Fakiragram College.

¶5Mr. A. Alim Sk, learned counsel for the respondent No. 6 on the other hand submits that the petitioner had obtained only 12 Marks out of a total of 50 Page No.# 4/4 Marks, whereas, the respondent No. 6 has obtained 32 Marks and as the respondent No. 6 obtained the highest marks amongst all the candidates, the Governing Body had rightly recommended the case of the respondent No. 6 for selection to the post of Grade-IV (Unreserved).

¶6This Court on 18.11.2019, while issuing notice directed that no appointment shall be made to the post of Grade-IV in the Fakiragram College, Kokrajhar in terms of the advertisement dated 29.10.2018. In view of the said interim order, till date, the Director of Education, BTC, has taken no further steps despite the enquiry report being submitted on 21st October, 2019.

¶7As the Director of Education, BTC has directed for an enquiry to be conducted by the Joint Director of Education, BTC, and as the said enquiry report has already been submitted on 21st October, 2019, this Court without entering into the merits of the present writ petition, dispose of this writ petition by directing the Director of Education, BTC to take a call on the enquiry report submitted by the Joint Director of Education, BTC on 21st October, 2019 and thereafter, pass appropriate orders in accordance with law. While considering the enquiry report dated 21st October, 2019, the Director of Education, BTC shall also hear the petitioner as well as the respondent No. 6 in person.

¶8Let such consideration be done within a period of 2 (two) months from the date of receipt of a copy of this order.

¶9Writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010172302024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/8448/2019 SUKLALoDEBNATH S/O-oSRIoPARIMALoDEBNATH oVILL-oPURANIoBAZAR oP.O-oFAKIRGRAM oDIST-oKOKRAJHAR oBTAD oASSAM,oPIN-o783345 oVERSUS THEoSTATEoOFoASSAMoANDo4oORS REP.oBYoTHHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oHIGHERoEDUCATIONoDEPTT oDISPUR oGUWAHATI-o781006 oASSAM 2:THEoDIRECTORoOFoHIGHERoEDUCATION ASSAM oKAHILIPARA oGUWAHATI-o781019 oASSAM o3:THEoDIRECTORoOFoEDUCATION BTC oKOKRAJHAR oBTAD oASSAM,oPIN-o783370 o4:THEoGOVERNINGoBODY FAKIRGRAMoCOLLEGE oREP.oBYoITSoPRESIDENT/oSECRETARY oP.O-oFAKIRGRAM oDIST-oKOKRAJHAR Page No.# 2/4 BTAD ASSAM, PIN- 783345 5:THE PRINCIPAL FAKIRGRAM COLLEGE P.O- FAKIRGRAM DIST- KOKRAJHAR BTAD ASSAM, PIN- 783345 6:MOHIDUL ISLAM S/O LT. ASHAN ALI R/O. VILL. KALJHAR P.O. FAKIRAGRAM DIST.- KOKRAJHAR BTC ASSAM, PIN- 783345 ------------ Advocate for : J U AHMED Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR