Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/118/2025 DIMPI BORAH W/O SRI JYOTISH MAZUMDAR, RESIDENT OF NALIAPOOL, PO NALIAPOOL, PS DIBRUGARH, DIST DIBRUGARH, ASSAM 786001 PRESENTLY RESIDING AT HOUSE NO. 2, BYE LANE 6, BAMHUKUTA PATH, DULIAJAN, DIST DIBRUGARH, ASSAM 786602 VERSUS SURUJ GOGOI AND 4 ORS S/O- SUREN GOGOI, R/O.- LAKHIMI ALI, P.O. NAZIRA, DIST.- SIBSAGAR, ASSAM. 785685 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY EDUCATION (SECONDARY) DEPTT. DISPUR GUWAHATI-06. 3:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-19. 4:THE INSPECTOR OF SCHOOLS SIVSAGAR DISTRICT CIRCLE SIVSAGAR ASSAM. 5:THE PRINCIPAL-CUM- MEMBER SECRETARY DEMOW H.S. SCHOOL DEMOW P.O. AND P.S. DEMOW
Page No.# 2/4 SIVSAGAR ASSAM- 785662 Advocate for the Petitioner : MR. J C GOGOI, MR. B BORAH,MR. K KALITA,MR. I H SAIKIA,MR. S ALI,MR B ISLAM,MR. H KAKATI Advocate for the Respondent : , MS. S KANUNGOE(R-1),MS. J CHETTRY (R-1)
BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 01.08.2025 (Ashutosh Kumar, CJ) We have heard Mr. I. H. Saikia, learned counsel for the appellant and Ms. S. Kanungoe, learned counsel for the respondents. 2. The appellant is aggrieved by the judgment and order dated 26.06.2023 passed by a learned Single Judge in WP(C) No.2183/2019, whereby the prayer made by the respondent/ writ petitioner therein was allowed; the appointment of the appellant on the post of Post-Graduate Teacher in Physics at Demow Higher School, Demow was set aside and a direction was issued for appointment of the respondent/writ petitioner on that post. 3. It appears from the records that against an advertisement for filling up the post of Post-Graduate Teacher in Physics at the School in question, the appellant and the respondent had applied but the
Page No.# 3/4 appellant was selected even though her qualification was M. Sc. in Electronics, which was not the discipline advertised for the post of PGT Teacher in Physics. 4. The learned counsel for the appellant contends that a Masters degree in Electronics is only an allied subject and would come under the bigger umbrella of Masters in Physics. He has also shown exemplars from other recruitment processes whereby the subjects Physics, Advance Physics, Electronics have been taken to be allied subjects and there is generally no proscription in persons having degree in allied subjects from applying for the post. 5.
The learned Single Judge, however, while allowing the writ petition rightly found out that the basic requirement under the advertisement was Post Graduate Degree in Physics and not in Electronics and there was nothing on record to indicate that the State Government had held that Physics and Electronics form part of the same discipline and Electronics would be an allied subject of the subject Physics. Considering this reasoning of the learned Single Judge, with which we are wholly in agreement, the appointment of the appellant was set aside and the respondent was directed to be appointed in her place. 6. We do not find any perversity in the judgment for us to
Page No.# 4/4 interfere. 7. The appeal has no merits and is thus dismissed. JUDGE CHIEF JUSTICE Comparing Assistant