Page No.# 1/4 GAHC010036862025 2025:GAU-AS:2430 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C) 46//2025 SIMANTA BHATTACHARJEE S/O- LATE SATYENDRA CH. BHATTACHARJEE R/O- RR SHOME ROAD ARYAPATTY SILCHAR CACHAR ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWAHATI- 06. 2:THE DIRECTOR OF HIGHER EDUCATION V ASSAM KAHILIPARA GUWAHATI-19. 3:THE GOVERNING BODY OF CACHAR COLLEGE SILCHAR ASSAM 4:THE ASSAM UNIVERSITY SILCHAR REP. BY THE REGISTRAR ASSAM UNIVERSITY Page No.# 2/4 SILCHAR 5:THE VICE CHANCELLOR ASSAM UNIVERSITY CUM CHAIRMAN SELECTION COMMITTEE CACHAR COLLEGE SILCHAR FOR SELECTION TO THE POST OF PRINCIPAL CACHAR COLLEGE SILCHAR 6:THE SELECTION COMMITTEE FOR SELECTION TO THE POST OF PRINCIPAL CACHAR COLLEGE SILCHAR REP. BY ITS CHAIRMAN CACHAR COLLEGE SILCHAR ------------ Advocate for : MR. S BANIK Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 07.03.2025 Heard Mr. S Banik, learned counsel for the petitioner. Also heard Mr. S Das, learned standing counsel, Higher Education Department appearing for respondent Nos.1 & 2, Mr. G.R. Dutta, learned counsel for respondent No.3 and Mr. S.C. Keyal, learned standing counsel, Assam University appearing for respondent Nos.4 & 5. Page No.# 3/4 The Governing Body of the Cachar College, Silchar issued an advertisement on 27.09.2024, for recruitment to the post of Principal, Cachar College, Silchar. The petitioner who was a nominee donor member of the Governing Body, Cahcar College has preferred this writ petition assailing such selection process on the ground that prior approval for advertisement was not taken by the Managing Committee. The service condition and procedure of a provincialised college like that of Cachar college is controlled under the Scheme of the Assam College Employees (Provincialisation) Act, 2005. Under the scheme of the aforesaid Act, 2005, different notifications were issued from time to time under such scheme/Rule and after selection process conducted by the governing body is completed, it is the Director of Higher Education who is to apply its own mind and approve/disapprove such selection process. Such decision making process is not an empty formality. That apart, in the considered opinion of this court, the petitioner cannot be termed as an aggrieved party to assail the selection process, in the given facts of the present case, where the petitioner is an ex-member of the Governing Body and the Director has not taken any decision till date. Further, the selection process has not been assailed by any candidate. Therefore, this writ petition is liable to be Page No.# 4/4 dismissed inasmuch as the petitioner is having no locus to maintain this writ petition not being an aggrieved party and secondly this writ petition is a pre mature one. Accordingly, the writ petition stands dismissed. The interim order passed on 07.01.2025 stands vacated. JUDGE Comparing Assistant