Page No.# 1/7 GAHC010175762023 2025:GAU-AS:184 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4605/2023 DIPIKA BORUAH WIFE OF BIREN BORAH, RESIDENT OF CHANDMARI, WARD NO. 14, P.O. KHELMATI, DISTRICT- LAKHIMPUR, PIN- 787031 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR, GUWAHATI, PIN- 781006 2:THE DIRECTOR EDUCATION (HIGHER) DEPARTMENT GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI PIN- 781022 3:THE PRINCIPAL SILAPATHAR COLLEGE SILAPATHAR DISTRICT- DHEMAJI ASSAM 4:DR. BROJEN SARMA ASSISTANT PROFESSOR GOVERNMENT MODEL COLLEGE DEITHOR KARBI ANGLONG PIN- 782470 5:THE SELECTION COMMITTEE CONSTITUTED FOR SELECTION OF ASSISTANT PROFESSOR IN THE DEPARTMENT OF ASSAMESE AT SILAPATHAR COLLEGE REPRESENTED BY THE CHAIRMAN OFFICE OF THE PRINCIPAL Page No.# 2/7 SILAPATHAR COLLEGE SILAPATHAR DISTRICT- DHEMAJI ASSAM Advocate for the Petitioner : MR. K N CHOUDHURY, MR. R M DEKA,MS N MAHANTA Advocate for the Respondent : SC, HIGHER EDU, MR R DHAR (R-4),MS A PAYENG (R3, R5),MR J PAYENG (R3, R5) BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 07.01.2025 Heard Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. R. M. Deka, learned counsel for the petitioner. Also heard Mr. D. Upamanyu, learned Standing Counsel, Higher Education Department for the respondent Nos. 1 & 2; Mr. J. Payeng, learned counsel for the respondent Nos. 3 & 5 and Mr. R. Dhar, learned counsel for the respondent No. 4. 2. Pursuant to an Advertisement dated 11.08.2020, issued by the Principal of Silapathar College, Silapathar for filling up different posts of Assistant Professors including the Assamese Department in the College, the petitioner and the respondent No. 4 applied for the post of Assistant Professor for Assamese (UR). Thereafter, the Selection Committee in its meeting held on 07.10.2020, selected and recommended the case of one Smti. Bidisha Buragohain to the said post. However, an issue arose with regard to one Journal of Smti. Bidisha Buragohain and an Enquiry Committee was constituted by the Governing Body of Silapathar College, Silapathar. The Enquiry Committee by its report dated 07.11.2020 came to the finding that the disputed Journal of Smti. Bidisha Buragohain was not covered in the Web of Science Journals till the date of interview i.e. 07.10.2020. Page No.# 3/7 In terms of the report of the Enquiry Committee the Governing Body of the Silapathar College, Silapathar took a resolution to cancel the recommendation of the Selection Committee for approval of appointment to the post of Assistant Professor in the Department of Assamese (UR) in the interview that was held on 07.10.2020. The Governing Body further authorized the Principal to re-advertise the said post with immediate effect. The Principal of the Silapathar College, Silapathar accordingly re-advertised the post of Assistant Professor of Assamese (UR) on 05.12.2020. 3. The petitioner being aggrieved with the re-advertisement of the post of Assistant Professor of Assamese (UR) on 05.12.2020 approached this Court by filing WP(C)/5663/2020 which was disposed of on 08.04.2021 with the following directions: - “For the reasons above, we find the resolution No. 4 dated 03.12.2020 of the Governing Body of Silapathar College to be unsustainable in law. Accordingly, the same is set aside. The matter stands remanded back to the authorities of the Silapathar College to bring the process of selection for the post of Assistant Professor, Assamese pursuant to the advertisement dated 11.08.2020 to its logical end. Consequently, if there is any further re-advertisement, the same also stands set aside.” 4. Consequent to the Order dated 08.04.2021 passed in WP(C)/5663/2020 the Selection Committee of the College recommended the case of the respondent No. 4 for appointment to the post Assistant Professor, Assamese (UR). Being aggrieved with the recommendation of the respondent No. 4 the Page No.# 4/7 petitioner again approached this Court by filing WP(C) No. 7061/2021 challenging the recommendation of the respondent No. 4 on the ground that the Selection Procedure for the post of Assistant Professor of Assamese (UR) was vitiated inasmuch as the Guidelines for Selection of Assistant Professor/Librarian in provincialised Colleges of Assam envisaged in the Office Memorandum dated 08.11.2018 issued by the Secretary to the Government, Higher Education Department has been violated. A further ground was also taken by the petitioner in the said writ petition that the Office Memorandum dated 25.06.2016 issued by the Commissioner and Secretary to the Government of Assam, Higher Education Department was also violated, which provided that after Selection for any State Government Job w.e.f. 01.08.2016, employees are not allowed to apply for any other State Level Government Job in the same position up to a maximum period of 3 years. It was the case of the petitioner in the said Writ Petition that the respondent no. 4 was appointed as Assistant Professor in the Department of Assamese at Government Model College, Deithor in the District of Karbi Anglong and therefore the respondent No. 4 was debarred from applying for the post of Assistant Professor in the Department of Assamese (UR) in the Silapathar College, Silapathar in view of the Office Memorandum dated 25.06.2016. This Court while considering the WP(C)/7061/2021, however, came to the conclusion that as the Director of Higher Education Department is yet to take a final decision, this Court was not inclined to entertain the said writ petition. The said WP(C) No. 7061/2021 was disposed of on 27.02.2023 with the following observations and directions:- “However, the petitioner is directed to file a detailed representation before the Director of Higher Education, Assam taking all the grounds and also enclosing a copy of the writ petition and the affidavit-in-opposition filed in Page No.# 5/7 I.A.(Civil) No. 2044 of 2022 along with the annexures appended thereto. On receipt of the representation, the Director of Higher Education, Assam, shall hear the petitioner in person as well as the respondent No. 3, Principal, Silapathar College, Silapathar and the respondent No. 4, Dr. Brojen Sarma, and, thereafter, pass final order for appointment of Assistant Professor in the Department of Assamese (UR) in Silapathar College, Silapathar, by taking into consideration the Office Memorandum dated 08-12-2018 as well as the Office Memorandum dated 25-06-2016 within a period of four weeks from the date of receipt of the representation. Till the representation is disposed of and final order is passed, the interim order passed in this case shall continue. The writ petition as well as the connected interlocutory application stand disposed of accordingly.” 5. Pursuant to the Order dated 27.07.2023 passed by this Court in WP(C)/ 7061/2021, the Director of Higher Education, Assam passed a Speaking Order on 20th June, 2023 and the relevant portion reads as under: - “On the basis of the above order passed by the Hon'ble Gauhati High Court, a hearing was conducted in the office of this Directorate on 28/03/2023 by inviting the Principal, Silapathar College, Dr. Brojen Sarmah (the selected candidate) and Smti. Dipika Baruah (the petitioner). After the hearing, the publications of the candidates i.e. Dr. Brojen Sarmah (the selected candidate) and Smti Dipika Baruah (the petitioner) were examined by the O.S.D. of this Directorate and found as follows: Page No.# 6/7 “However, publications of Ms. Dipika Baruah, as submitted in the aforesaid hearings, are eligible for consideration as the journal was SCOPUS indexed till 2019-2020. But, since she is second author in Vol-7, issue 4, she may be awarded 70% marks and she was third author in the publication in Vol- 7 issue 6, she may be awarded 30% marks. Total she may be awarded (1.4+ 0.6) = 2 marks". In view of the above, if Miss Dipika Baruah would have been given 2 more marks, the difference of marks still remains 4.39 as the selected candidate Dr. Brojen Sarmah for the post of Assistant Professor in the Department of Assamese of Silapathar College secured 57.63 and Smti. Dipika Baruah (the petitioner) has secured 52.18 (52.18 + 2= 54.18) marks by the selection committee held on 16-09-2021. Therefore, the selection by the selection committee of Dr. Brojen Sarmah for the post of Assistant professor in the Department of Assamese (Roster point No. 16, Un-Reserved category) of Silapathar College, Silapathar, Dhemaji, is found justified. Accordingly, the Hon'ble High Court order dated 27.02.2023 passed in I.A. (Civil) 2044/2022 filed by Principal, Silapathar College -Vs- Smti. Dipika Baruah and 3 others is hereby disposed of and complied with the above observation.”” 6. A perusal of the Speaking Order dated 20th June, 2023 would indicate that the publications of the respondent No. 4 and the petitioner were examined by the OSD of the Directorate of Higher Education. It is also not discernible as to whether the hearing was conducted by the Director of Higher Education Page No.# 7/7 Department as directed by this Court by the Order dated 27.02.2023 passed in WP(C) No. 7061/2021. 7. It is to be made clear that the Order dated 27.02.2023 passed in WP(C) No. 7061/2021 had clearly directed the Director of Higher Education Assam to hear the petitioner as well as the Principal of the Silapathar College, Silapathar and the respondent No. 4 and thereafter, passed final order for appointment of Assistant Professor in the Department of Assamese (UR) in the Silapathar College, Silapathar. 8. Considering the Speaking Order dated 20.06.2023, this Court is of the considered opinion that the direction passed by this Court in the Order dated 27.02.2023 was not followed by the Director of Higher Education. On this point alone, the Speaking Order dated 20.06.2023 stands vitiated. Accordingly, the Speaking Order dated 20.06.2023 issued by the Director of Higher Education Department is set aside and quashed. The matter is now remanded back to the Director of the Higher Education, Assam to take steps strictly in accordance with the directions passed by this Court in the Order dated 27.02.2023 passed in WP(C) No. 7061/2021. 9. Let such exercise be taken and completed within a period of 4 (four) weeks from the date of receipt of a certified copy of this Order. 10. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant