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2025 DAILYLAW 22620 (GAU)

BIBEKA NANDA SAIKIA v. THE ASSAM AGRICULTURAL UNIVERSITY AND 3 ORS.

WP(C)/7500/2023 · 2025-03-19

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010235832024 2025:GAU-AS:2991 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7500/2023 BIBEKA NANDA SAIKIA S/O- LATE DINA BANDHU SAIKIA R/O- UTTARAYAN GREENS BLOCK B-201 BISHNU RABHA PATH NEAR HOCKEY STADIUM GUWAHATI DIST. KAMRUP(M) PIN- 781034 ASSAM VERSUS THE ASSAM AGRICULTURAL UNIVERSITY AND 3 ORS. REPRESENTED BY ITS REGISTRAR AND HAVING ITS OFFICE AT BARBHETA JORHAT PIN- 785013 ASSAM 2:THE VICE-CHANCELLOR ASSAM AGRICULTURAL UNIVERSITY BARBHETA JORHAT PIN- 785013. 3:THE REGISTRAR ASSAM AGRICULTURAL UNIVERSITY BARBHETA JORHAT PIN- 785013 Page No.# 2/4 ASSAM 4:THE SELECTION COMMITTEE CONSTITUTED PURSUANT TO THE ADVERTISEMENT DATED- 22-09-2023 FOR SELECTION AND APPOINTMENT TO THE POST OF DEAN VETERINARY SCIENCES ASSAM AGRICULTURAL UNIVERSITY. ------------ Advocate for : MR. M SARMA Advocate for : SC AAU appearing for THE ASSAM AGRICULTURAL UNIVERSITY AND 3 ORS. Linked Case : I.A.(Civil)/3570/2024 BIBEKA NANDA SAIKIA S/O- LATE DINA BANDHU SAIKIA, R/O- UTTARAYAN GREENS, BLOCK B- 201, BISHNU RABHA PATH, NEAR HOCKEY STADIUM, GUWAHATI, DIST. KAMRUP(M), PIN- 781034, ASSAM VERSUS THE ASSAM AGRICULTURAL UNIVERSITY AND 3 ORS REPRESENTED BY ITS REGISTRAR AND HAVING ITS OFFICE AT BARBHETA, JORHAT, PIN- 785013, ASSAM 2:THE VICE-CHANCELLOR ASSAM AGRICULTURAL UNIVERSITY BARBHETA JORHAT PIN- 785013. 3:THE REGISTRAR ASSAM AGRICULTURAL UNIVERSITY BARBHETA JORHAT PIN- 785013 ASSAM 4:THE SELECTION COMMITTEE CONSTITUTED PURSUANT TO THE ADVERTISEMENT DATED- 22-09-2023 FOR SELECTION AND APPOINTMENT TO THE POST OF DEAN VETERINARY SCIENCES Page No.# 3/4 ASSAM AGRICULTURAL UNIVERSITY Advocate for the Petitioner : MR. M SARMA, Advocate for the Respondent : SC, AAU, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 20.03.2025 Heard Mr. M. Sarma, learned counsel for the petitioner and Mr. R.R. Gogoi, learned counsel for the respondent Nos.1-3. 2. The petitioner is aggrieved with the Advertisement No.7/2023 dated 22.09.2023, for selection and appointment to the post of Dean, Faculty of Veterinary Science, Assam Agricultural University (‘AAU’ in short), on the ground that the conditions that have been stipulated in the advertisement are unfair and denies a level playing field to the petitioner. 3. The petitioner’s case in brief is that the petitioner was appointed as Dean, Faculty of Veterinary Science, Assam Agricultural University, vide order dated 30.08.2018 issued by the Registrar of the AAU, in pursuance to the 249th meeting of the Board of Management held on 30.08.2018 and as per the recommendation of the Selection Committee constituted for the purpose, for a period of 5 years or till his superannuation, whichever one was earlier. The petitioner’s 5 year period expired on 31.08.2023. The AAU had floated an Advertisement No.7/2023 dated 22.09.2023 for filling up the post of Dean, Faculty of Veterinary Science, Assam Agricultural University. Page No.# 4/4 4. The petitioner made a challenge to the impugned advertisement, on the ground that the conditions stipulated therein was unfair and the same did not give a level playing field to the petitioner. This Court, vide order dated 21.12.2023, suspended the selection process made in pursuance to the impugned advertisement. 5. The petitioner has now filed I.A.(Civil) No.3570/2024, stating that the College of Veterinary Science is no longer under the control of the AAU and the same has been transferred to the Assam Veterinary and Fishery University. As the AAU does not have any administrative control over the petitioner or the Assam Veterinary and Fishery University, the present writ petition has become infructuous. The petitioner’s counsel accordingly submits that the writ petition can be closed as infructuous. 5. Mr. R.R. Gogoi, learned counsel for the respondent Nos.1-3 also submits that the writ petition has become infructuous. 6. In view of the submissions made by the counsels for the parties, the writ petition and the I.A. are closed as infructuous. JUDGE Comparing Assistant