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. : WP(C)/5854/2023 SAIKAT ROUTH S/O- LT. SWAPAN KUMAR ROUTH, RESIDENT OF VILLAGE- 142, KAMAT CHANGRABANDHA, P.O. RANIHAT, P.S. MEKHLIGANJ, DIST.- COACH BEHAR, WEST BENGAL PRESENTLY RESIDING AT GOBINDAPALLY, HOJAI, DISTRICT- HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GAUHATI- 781006 2:THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GAUHATI- 781006 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GAUHATI- 781006 4:THE UNDER SECRETARY TO THE GOVERNMENT OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GAUHATI- 781006 5:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-19
Page No.# 2/4 6:THE GOVERNING BODY OF R.G. BARUAH COLLEGE REPRESENTED BY THE PRINCIPAL CUM SECRETARY OF R.G.BARUAH COLLEGE AMBARI FATASIL GUWAHATI-25 DISTRICT- KAMRUP (M) ASSAM 7:THE CHAIRMAN SELECTION COMMITTEE OF R.G. BARUAH COLLEGE AMBARI FATASIL GUWAHATI-25 DISTRICT- KAMRUP (M) ASSAM 8:THE PRINCIPAL R.G.BARUAH COLLEGE AMBARI FATASIL GUWAHATI-25 DISTRICT- KAMRUP (M) ASSA Advocate for the Petitioner : MR. J AHMED, MS A HUSSAIN,MR N ZAMAN,R BEGUM,H G DAISY Advocate for the Respondent : SC, HIGHER EDU, MR. A CHETRY (r-6,7,8),MR P S DEKA (r- 6,7,8)
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER 04-06-2025 Heard Shri J. Ahmed, learned counsel for the petitioner. Also heard Shri S. Bhuyan, learned Standing Counsel, Higher Education Department whereas Shri A. Chetri, learned counsel is present for the respondent nos. 6 to 8.
2. Considering the subsequent developments and as also agreed to by the
learned counsel for the parties, the instant petition is taken up for disposal at the admission stage.
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3. The petitioner, who is a permanent resident of Cooch Behar in the State of West Bengal had participated in a recruitment process for the post of Assistant Professor in the Bengali subject in the respondent college, namely, R. G. Baruah College, Guwahati. The petitioner was accordingly issued a Call Letter on 29.08.2023 directing him to appear for the interview slated on 11.09.2023. However, the interview was not held and according to the petitioner, the reason was that he was a domicile of another state.
4. The learned counsel has submitted that the communication dated 01.02.2021 on which the impugned decision was based was already the subject matter of a writ petition i.e. WP(C)/1268/2022 which was disposed of by this Court vide order dated 21.02.2023 whereby the aforesaid communication was set aside.
5. Shri Ahmed, the learned counsel has submitted that in view of such development, the interview of the petitioner was indeed held and this fact is also reflected in the affidavit-in-opposition filed by the respondent nos. 6 to 8.
6. Shri Chetri, the learned counsel for the aforesaid respondents has drawn the attention of this Court to the aforesaid affidavit-in-opposition filed on 05.03.2024 and has pressed into service the averments made in paragraph 9 which are extracted herein below:-
“9. That with regards to the statements made in paragraphs 15 of the writ petition, the answering deponent, while admitting parts of the statements made therein, further begs to offer no comments on writ petitioner’s performance before the interview board. Relevant to submit here that performance of the writ petitioner before the interview boar was fairly assessed.”
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7. In view of the aforesaid development from where it appears that the primary grievance of the petitioner has been substantially redressed, there is no reason for continuing with this writ petition.
8. At this stage, Shri Chetri, the learned counsel for the College has submitted that the recommendation by the College had already been submitted to the Higher Education Department. The Higher Education Department is accordingly
directed to finalize the selection process within a period of 2 (two) months from today which is to be done strictly in accordance with law.
9. Writ petition is accordingly disposed of in terms of the aforesaid direction.
10. Interim order passed earlier, stands merged with this final order.
JUDGE Comparing Assistant