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2025 DAILYLAW 28137 (GAU)

DR JINTU SARMA v. THE STATE OF ASSAM AND ANR

WP(C)/1375/2025 · 2025-11-11

Robin Phukan

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010043442025 2025:GAU-AS:15274 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1375/2025 DR JINTU SARMA S/O- LATE JATINDRA NATH SARMA, R/O- FLAT NO.103, GUNJAN TOWER, PARAG DAS PATH, BAMUNIMAIDAM, GUWAHATI, DIST-KAMRUP (M), ASSAM, PIN-781021 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HIGHER EDUCATION, DISPUR, GUWAHATI-06. 2:GAUHATI UNIVERSITY REP. BY THE CONTROLLER OF EXAMINATION G.U JALUKBARI GUWAHATI-14 3:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE GOVERNING BODY OF GUWAHATI COLLEGE REP. BY THE PRESIDENT DR. INDRA KUMAR BHATTACHARYA GUWAHATI COLLEGE BAMUNIMAIDAM GUWAHATI- 781021. 5:THE PRINCIPAL GUWAHATI COLLEGE BAMUNIMAIDAM Page No.# 2/4 GUWAHATI- 781021. 6:DR. UMA KANTA CHOWRA HOD DEPARTMENT OF BOTANY GUWAHATI COLLEGE BAMUNIMAIDAM GUWAHATI- 781021 Advocate for the Petitioner : MR. A. ALI, MR. M J BARUAH Advocate for the Respondent : SC, HIGHER EDU, SC, G U BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 12.11.2025 Heard Mr. M. J. Baruah, learned counsel for the petitioner. Also heard Mr. S. Bhuyan, learned counsel for the respondent Nos. 1 & 3 and Mr. R. C. Alom, learned counsel appearing on behalf of Mr. P. J. Phukan, learned Standing Counsel for the respondent No. 2. 2. Mr. Baruah, learned counsel for the petitioner submits that the petitioner was working as Head of the Department, Botany, in Guwahati College and on 28.11.2022, the Principal of Guwahati College had issued one communication to him, thereby, releasing him from the post of Head of the Department, Botany. The allegation against the petitioner was that he had not submitted the Internal Assessment marks of SEC paper of 4th Semester in the Department of Botany before Examination Committee, and another allegation was that the petitioner had prohibited some students of 3rd and 5th Semester from appearing in the Sessional examination, which was held in the month of October, 2022. Page No.# 3/4 Thereafter, the Principal had handed over the charge of Head of the Department to Dr. U. K. Chowra, on 17.10.2022 and also, he made some stigmatic remark against the petitioner in his service book, to the effect that he was released from the position of Head of Department, Botany, due to lapses in College Examination works. 3. Against the said action of the Principal, the petitioner had approached this Court by filing one writ petition, being WP(C) No. 6276/2023, and this Court vide order dated 23.10.2024, was pleased to expunge the remark made by the Principal of Guwahati College in the service book of the petitioner and thereafter, the petitioner had approached the Principal of Guwahati College, for appointing him again in the post of Head of the Department, Botany, of Guwahati College. But, no action has been taken by the Principal of Guwahati College till date. 4. During the course of deliberation, Mr. Baruah, learned counsel for the petitioner submits that this Court, in WP(C) No. 6276/2023, vide order dated 23.10.2024, was pleased to expunge the adverse remark recorded in the service book of the petitioner and as such, the petitioner has to be given the charge of Head of the Department, Botany, of Guwahati College and again, to that effect, he has also filed one representation, on 29.10.2024. But, the same has not yet been disposed of by the respondent authorities and as such, this writ petition may be disposed of by directing the respondent authorities, more particularly, respondent No. 5, the Principal of the Guwahati College; to dispose of the said representation of the petitioner, dated 29.10.2024, by a speaking order. 5. Mr. Bhuyan, learned counsel for the respondent Nos. 1 & 3 submits that he has no objection if this writ petition is disposed of by directing the respondent Page No.# 4/4 No. 5, the Principal of the Guwahati College, to dispose of the representation filed by the petitioner on 29.10.2024. 6. Accordingly, taking note of the submissions made by the learned counsels for both the parties, this Court is inclined to dispose of this petition, by directing the respondent No. 5 to dispose of the representation filed by the petitioner on 29.10.2024, by a speaking order; within a period of 1 week from the date of receipt of certified copy of this order. 7. The petitioner shall obtain a certified copy of this order and place the same before the respondent No. 5, within five working days from today. 8. The petitioner shall also enclose the present writ petition, along with the order of this Court, dated 23.10.2024, passed in WP(C) No. 6276/2023, with the certified copy of the present order. 9. In terms of the above, this writ petition stands disposed of. JUDGE Comparing Assistant