Page No.# 1/3 GAHC010125812017 2025:GAU-AS:2211 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1930/2017 DR. MUKUL KUMAR SARMA. S/O LT. PITAMBAR SARMA R/O JAPARKUCHI, NALBARI P.O. TERECHIA P.S. NALBARI DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM and 4 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCATION, DISPUR, GUWAHATI - 781006. 2:THE DIRECTOR OF HIGHER EDUCAITON KAHILIPARA GUWHATI - 781019 3:THE SELECTION COMMITTEE REP. BY ITS CHAIRMAN LALIT CHANDRA BHARALI COLLEGE MALIGAON GUWAHATI - 781011 4:THE PRINCIPAL LALIT CHANDRA BHARALI COLLEGE MALIGAON GUWAHATI - 781011. 5:THE UNIVERSITY GRANTS COMMISSION REPRESENTED BY THE SECRETARY BAHADUR SHAH ZAFAR MARG NEW DELHI-110002 Page No.# 2/3 Advocate for the Petitioner : MR.S BORA, MR.A BORA,MR.A GANGULY,MR.N ZAMAN Advocate for the Respondent : MR. S MUKTAR (R4), ,MR. A CHAMUAH(SC, UGC),SC, HIGHER EDUCATION BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 04.03.2025 1. Heard Mr. A. Ganguly, learned counsel for the petitioner. Also heard Mr. S. Muktar, learned counsel for the respondent No. 4/Lalit Chandra Bharali College, Mr. A. R. Tahbildar, learned Standing Counsel for the Higher Education Department and Mr. A. Chamuah, learned Standing Counsel for the University Grants Commission. 2. By way of the present writ petition, the petitioner has assailed the selection process pursuant to advertisement dated 03.11.2016 for the post of Assistant Professor in English at Lalit Chandra Bharali College, Maligaon, Guwahati. 3. The basic grievance of the petitioner is that the Selection Committee did not award him 7 (seven) marks on account of the petitioner having Ph.D. Degree and therefore, his position had come down in the merit list. 4. This Court while issuing notice of motion, under its order dated 31.05.2017 directed that the authorities will proceed with the selection process for the post of Assistant Professor in English at Lalit Chandra Bharali College, Maligaon, Guwahati and to make appointment on the basis of such selection. 5. This Court has noticed that in the order dated 31.05.2017, the petitioner was permitted to file appropriate application for impleadment of the candidate, if appointment is made. However, no application has still been filed, though Page No.# 3/3 according to Mr. Muktar, learned counsel for the respondent No. 4/College that the selected candidate has already been appointed for the post of Assistant Professor in English. 6. It is also submitted by Mr. Ganguly, learned counsel for the petitioner that he has no link and instruction from his client since long. 7. In the considered opinion of this Court, in absence of an appointed candidate, this writ petition cannot be decided inasmuch as in the event, the decision of this Court goes in favour of the petitioner, valuable right of the selected & appointed candidate shall be affected. Accordingly, this writ petition stands closed for want of necessary party. However, petitioner shall still at liberty to file appropriate writ petition, if so desire challenging the appointment of the selected candidate pursuant to the advertisement dated 03.11.2016. JUDGE Comparing Assistant