The Principal, Silapathar College v. Dipika Boruah and 3 Ors

ORDER Date : 18.06.2024 Heard Mr.J.Payeng, learned counsel for the applicant. Also heard Mr. R.M.Deka, learned counsel representing the opposite party No.1 and Mr. K.Gogoi, learned Standing counsel, Higher Education Department, Assam. Mr. R. Dhar, learned counsel appears for the opposite party No. 4.

¶2By way of instituting the present application, the college authorities of Silapathar College have prayed for a vacation and or modification of the interim direction passed by this court vide order dated 14.08.2023 in WP (C) No. 4605/2023.

¶3This court vide the said order dated 14.08.2023, while issuing notice in the matter had directed that in the event the respondent No. 4 is not appointed to the post of Assistant Professor (Assamese), the same shall not be done till the next date fixed without leave of the court.

¶4Upon hearing learned counsel for the parties and also on perusal of the materials available on record, this Court finds that this court is now required to adjudicate on the reasons as given by the Director of Higher Education, Assam in the speaking order dated 20.06.2023 which is the subject matter of challenge in the connected writ petition. The Director of Higher Education, Assam had upon examination of the materials placed before him concluded that the petitioner even if would now be granted the marks claimed by her, she would be Page No.# 3/4 entitled to receive two marks more, however the difference of marks between the opposite party No.1/petitioner and the opposite party No.4 herein would still be 4.39 marks. Accordingly, the Director of Higher Education, Assam had found the selection of the opposite party No.4 to be justified.

¶5In view of the above position and without expressing any opinion on the merits of the reasons as assigned in the speaking order dated 20.06.2023 and finding that the opposite party No. 4 selection was upheld by the Director of Higher Education, Assam, this Court modifies the interim direction passed by the order dated 14.08.2023 in WP (C) No. 4605/2023 to the extent that the respondent authorities would now be at liberty to appoint the selected candidate i.e. opposite party No. 4 herein against the post of Assistant Professor( Assamese), Silapathar College in terms of his selection for the purpose which was upheld by the Director of Higher Education, Assam vide his speaking order dated 20.06.2023. The modification of the order dated

14.08.2023 is also made keeping in view the interest of the students studying in the said college.

¶6In the event, opposite party No.4 is so appointed in terms of the liberty granted by this order, such appointment shall be subject to the result of the connected Writ Petition i.e. WP (C) No. 4605/2023 and this aspect of the matter shall be incorporated by the Director of Assam Higher Education in the appointment order to be issued to the opposite party No. 4. With the above observations and directions, the interlocutory application stands disposed of.

JUDGE Page No.# 4/4 Comparing Assistant

PageoNo.#o1/4 GAHC010282422023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3780/2023o THEoPRINCIPAL,oSILAPATHARoCOLLEGEo SILAPATHARoCOLLEGE,oSILAPATHAR,oDISTRICT-oDHEMAJI,oASSAM VERSUSo DIPIKAoBORUAHoANDo3oORS.o WIFEoOFoBIRENoBORAH,oRESIDENToOFoCHANDMARI,oWARDoNO.o14,oP.O.o KHELMATI,oDISTRICT-oLAKHIMPUR,oPIN-o787031 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oEDUCATIONo(HIGHER)oDEPARTMENT oDISPUR oGUWAHATI oPIN-o781006 3:THEoDIRECTOR oEDUCATIONo(HIGHER)oDEPARTMENT oGOVERNMENToOFoASSAM oKAHILIPARA oGUWAHATI oPIN-o781022 4:DR.oBROJENoSARMA oASSISTANToPROFESSOR oGOVERNMENToMODELoCOLLEGE oDEITHOR oKARBIoANGLONG oPIN-o78247o Page No.# 2/4 Advocate for the Petitioner : MR J PAYENG Advocate for the Respondent : SC, HIGHER EDU BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR