Page No.# 1/7 GAHC010256912024 2025:GAU-AS:3176 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6047/2023 SUNITA BARO D/O- SANATAN BARO R/O- VILL.- JALABHOROPARA P.O. JALAHGHAT P.S. SIMLA DIST. BAKSA ASSAM PIN-781327. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HIGHER EDUCATION DISPUR ASSAM 2:DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI-19. 3:REGISTRAR GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI-14. 4:NORTH KAMRUP COLLEGE REPRESENTED BY THE PRINCIPAL AND SECRETARY DIST. BARPETA ASSAM PIN- 781328. Page No.# 2/7 5:DR. JAYDEV BORO S/O- KULEN BORO R/O- VILL.- HAJALPARA P.O. BETNA P.S. GORESWAR DIST. BAKSA ASSAM PIN- 781366. ------------ Advocate for : MR. D P CHALIHA Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/6044/2023 RAISUMAI KHAKHLARI D/O- KEROL KHAKLARI R/O- VILL.- PAKRIBARI P.O. KHOWRANG PIN- 784509 DIST. UDALGURI ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HIGHER EDUCATION DISPUR ASSAM 2:DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI-19. 3:REGISTRAR GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI-14. 4:TEZPUR COLLEGE REPRESENTED BY THE PRINCIPAL AND SECRETARY DIST. SONIPUR Page No.# 3/7 ASSAM 5:DR. LAKHIRAM NARZARY S/O- BANDHALI NARZARY R/O- VILL.- BATHASIPUR PIN- 784111 DIST. SONITPUR ASSAM ------------ Advocate for : MR. D P CHALIHA Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/6046/2023 RANGJALU BASUMATARY S/O- ROBIN BASUMATARY R/O- VILL.- SEREN NAPALI P.O. AND P.S. SEREN NAPALI DIST. DHEMAJI ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HIGHER EDUCATION DISPUR ASSAM 2:DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI-19. 3:REGISTRAR GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI-14. 4:PURBANCHAL COLLEGE SILAPATHAR REPRESENTED BY THE PRINCIPAL AND SECRETARY DIST. DHEMAJI Page No.# 4/7 ASSAM PIN- 787061. 5:SRI BUDDHADEV LAHARY S/O JOGEN LAHARY R/O VILL.- SEREN NEPALI P.O. DEKAPAM P.S.- SIMEN CHAPORI IN THE DISTRICT OF DHEMAJI ASSAM PIN-787061. ------------ Advocate for : MR. D P CHALIHA Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 24.03.2025 Heard Mr. D.P. Chaliha, learned Sr. Counsel assisted by Mr. I. Ahmed, learned counsel for the petitioners in all the writ petitions. Mr. S. Das, learned counsel appears for the Higher Education Department; Mr. P.J. Phukan, learned counsel appears for the Gauhati University; Mr. H.P. Neog, learned counsel appears for the respondent No.4 in WP(C) No.6046/2023; Mr. J. Sarmah, learned counsel appears for the respondent No.5 in WP(C) No.6046/2023; Md. A. Rahman, learned counsel appears for the respondent No.5 in WP(C) No.6047/2023, while Mr. P. Borah, learned counsel appears for the respondent No.5 in WP(C) No.6044/2023. 2. All the three writ petitions are being disposed of by this common judgment and order, in view of the issue to be decided in all the writ petitions being the same. The petitioners’ prayer is for a direction to be issued to the respondents to set aside the appointments of the respondent No.5 in WP(C) No.6044/2023 & WP(C) No.6047/2023 and not to appoint the respondent No.4 in WP(C) No.6046/2023. Page No.# 5/7 3. The petitioners’ case is that they were appointed as Assistant Professors on contract basis in three different colleges between the years 2015-2017. Thereafter, the three different colleges issued Advertisement dated 11.08.2022 in WP(C) No.6046/2023, Advertisement dated 09.02.2022 in WP(C) No.6044/2023 and Advertisement dated 29.12.2022 in WP(C) No.6047/2023, calling for filling up the vacant post of Assistant Professor in the Department of Bodo language on regular basis. 4. All the petitioners participated in the selection process pursuant to the advertisements for filling up the post of Assistant Professor in the Department of Bodo language on regular basis. In fact, the petitioner in WP(C) No.6044/2023 resigned from his post of Assistant Professor on contractual basis, to participate in the same. 5. The petitioners were however unsuccessful in the selection process and the private respondents in all the three writ petitions secured the highest marks, for being appointed to the vacant posts of Assistant Professors in the various colleges in pursuance to the advertisements. 6. The petitioners’ case is that as the petitioners have been serving as Assistant Professors on contractual basis for a long period of time, their services should be regularized in the post of Assistant Professors that were advertised in the three advertisements. The petitioners’ prayer is for setting aside the selection process made pursuant to the three advertisements. Their further prayer is that the State respondents should be directed to regularize the services of the petitioners. 7. The counsels for the respondents, on the other hand submit that as the petitioners have participated in the selection process, for filling up the vacant posts of Assistant Professors on regular basis, they had waived any right they might have had to be regularized. In fact, the writ petitioner in WP(C) No.6044/2023 has already Page No.# 6/7 resigned from his post of Assistant Professor on contractual basis and as such, he has got no locus standi to make any claim for regularization. 8. I have heard the learned counsels for the parties. 9. As can be seen from the submissions made by the counsels for the parties, the petitioners were appointed as Assistant Professors in the three colleges in the Department of Bodo language on contractual basis. The petitioners being desirous of being recruited to the post of Assistant Professors in the Department of Bodo language on regular basis pursuant to the advertisements, took part in the selection process. In fact, the petitioner in WP(C) No.6044/2023 had resigned from his post of Assistant Professor on contractual basis and thereafter, taken part in the selection process. However, none of the petitioners were successful and the private respondents in all the three writ petitions have secured the highest marks for selection and appointment on regular basis. 10. It is the view of this Court that as the petitioners have taken part in the selection process for appointment to the posts of Assistant Professor on regular basis pursuant to the 3 advertisements, they cannot be allowed to turn around and challenge the selection process. In this respect, it would be profitable to refer to the judgments of the Supreme Court in the case of Ramesh Chandra Shah & Ors. Vs. Anil Joshi & Ors., reported in (2013) 11 SCC 309 and in the case of Ashok Kumar & Anr. Vs. State of Bihar & Ors., reported in (2017) 4 SCC 357, where it has been held that a person who consciously takes part in the selection process, cannot thereafter, turn around and question the method of selection and it’s outcome. In view of the fact that the writ petitioners had taken part in the selection process and were unsuccessful in the same, they have no right to turn around and now demand that their contractual services should be regularized, one of the reasons being that the petitioners have waived any right that they might have had for Page No.# 7/7 regularization of their services. Further, in the case of Ganesh Digamber Jambhrunkar Vs. State of Maharashtra, reported in 2023 SCC OnLine SC 1417, the Supreme Court has held that there is no right to regularization just because contractual employees are found working for a long period of time. 11. In view of the reasons stated above, this Court does not find any ground to exercise it’s discretion in the present case. The writ petitions are accordingly dismissed. 12. Interim orders, passed earlier stand vacated. JUDGE Comparing Assistant