Page No.# 1/5 GAHC010166552024 2025:GAU-AS:3639 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4464/2024 RAKESH DAS S/O- SRI TIKENDRA NATH DAS, R/O- WARD NO. 4, SARBHOG, BARPETA, ASSAM, PIN- 781317. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCATION DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN- 781006. 2:THE DIRECTOR OF HIGHER EDUCATION GOVT. OF ASSAM KAHILIPARA GUWAHATI PIN- 781019. 3:THE GOVERNING BODY OF BHAWANIPUR ANCHALIK COLLEGE REPRESENTED BY THE SECRETARY OF THE MANAGING COMMITTEE OF BHAWANIPUR ANCHALIK COLLEGE BHAWANIPUR DIST. BARPETA ASSAM PIN- 781352. 4:THE SELECTION COMMITTEE FOR ENGAGEMENT OF JUNIOR ASSISTANT BHAWANIPUR ANCHALIK COLLEGE BHAWANIPUR DIST. BARPETA ASSAM PIN- 781352. (REPRESENTED HEREIN BY ITS SECRETARY OF THE SELECTION COMMITTEE CUM PRINCIPAL OF BHAWANIPUR ANCHALIK COLLEGE). Page No.# 2/5 5:THE PRINCIPAL BHAWANIPUR ANCHALIK COLLEGE BHAWANIPUR DIST. BARPETA ASSAM PIN- 781352. 6:THE GOVERNING BODY OF BHAWANIPUR ANCHALIK COLLEGE BHAWANIPUR DIST- BARPETA ASSAM PIN- 781352. (REPRESENTED HEREIN BY ITS SECRETARY CUM PRINCIPAL BHAWANIPUR ANCHALIK COLLEGE). 7:PRABIN DAS S/O- LATE MAHENDRA NATH DAS R/O- DAKSHINHATI DIST. BARPETA ASSAM PIN- 781352 Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY Advocate for the Respondent : SC, HIGHER EDU, MRS. S KHATANIAR (R-3,5,6) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 28.03.2025 Heard Mr. S. Dey, learned counsel for the petitioner, Mrs. S. Khataniar, learned counsel for the respondent Nos. 3, 5 & 6, and Mr. S. Das, learned counsel for the respondent Nos. 1 & 2. No one appears for the respondent Nos. 4 & 7. Further, the proceeding of the Lawazima Court dated 09.01.2025 states that service is complete in respect of the respondent Nos. 4 & 7. 2. The petitioner has prayed for setting aside the selection list dated 24.04.2023 issued by the Selection Committee as well as by the Governing Body of the Bhawanipur Anchalik Panchayat, by which the name of the respondent No. 7 has been selected for appointment as Junior Assistant under the Page No.# 3/5 Scheduled Caste (SC) category, pursuant to the advertisement dated 18.03.2023. 3. The petitioner’s case is that Pursuant to an advertisement dated 15.03.2023 issued by the Principal/Secretary, Bhawanipur Anchalik College, Bhawanipur, Barpeta, the petitioner applied for the post of Junior Assistant (Grade-III) under the SC category. The process for selection of Junior Assistant (Grade-III) was made in terms the Guidelines of Grade-III and Grade-IV Employees of Provincialized Government Model College issued vide Communication dated 18th May, 2017. 4. It is the case of the petitioner that in the said selection, the petitioner obtained 69.576 total marks and the respondent No. 7 obtained 39.315 total marks under the SC category, for the post of Junior Assistant (Grade-III) of the said college. The petitioner, therefore, claims that as he has obtained higher marks than the respondent No. 7, he should have been recommended for appointment to the post of Junior Assistant (Grade-III) under the SC category. However, the Selection Committee has recommended the case of the respondent No. 7, who has obtained lesser marks than the petitioner for appointment to the post of Junior Assistant (Grade-III). 5. Mrs. S. Khataniar, learned counsel for the respondent Nos. 3, 5 & 6 submits that at the relevant point of time, the present Principal in-charge and Secretary of the Governing Body of the college was not holding the post of Principal and Secretary of the Governing Body of the college. 6. Mr. S. Das, learned counsel for the respondent Nos. 1 & 2 submits that as Page No.# 4/5 the Director has not taken a final decision on the selection made by the Selection Committee/Governing Body, for appointment to the post of Junior Assistant, pursuant to the advertisement dated 18.03.2023, the grievance of the petitioner can be looked into by the Director, who will thereafter take a final call on the issue. 7. I have heard the learned counsels for the parties. 8. A perusal of the affidavit filed by the Principal in-charge and Secretary of the Governing Body of the college shows that there is no denial of the petitioner’s averments made in para 8 of the writ petition, which is to the effect that the petitioner has secured 69.576 marks, as against the marks secured by the respondent No. 7, i.e. 39.315 marks, during the selection process. There are also no averments made by the respondent Nos. 3, 5 & 6 in their affidavit, defending the selection of the respondent No. 7, for appointment to the post of Junior Assistant. 9. The facts as can be culled out from the pleadings clearly show that there has been an illegality, inasmuch as, the petitioner has secured higher marks than the respondent No. 7 in the selection process. 10. In that view of the matter, this Court is of the view that the selection of the respondent No.7 over the petitioner seems to be arbitrary and unreasonable. Accordingly, the selection of the respondent No. 7 by the Selection Committee is hereby set aside. The Director is directed to take a decision as to whether the petitioner or the respondent No. 7 should be appointed to the post of Junior Assistant of the college, on the basis of the marks secured by the candidates in Page No.# 5/5 the selection process, pursuant to the advertisement dated 15.03.2023. The matter is not being remanded to the selection committee for reconsideration, on account of the reasons stated above, wherein it appears that the selection committee has not been fair in selecting the respondent No. 7. The entire exercise should be concluded within a reasonable period and not later than two months from the date of receipt of a certified copy of this order. 11. The writ petition is accordingly disposed of. JUDGE Comparing Assistant