Page No.# 1/3 GAHC010031842025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/942/2025 MD. MOFIDUL ISLAM S/O- LATE NURUZ ZAMAL, RESIDENT OF VILLAGE- PUTHIKHAITY, P.O RUPAHI ,P.S- RUPAHIHAT, DISTRICT - NAGAON, ASSAM, PIN - 782125. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR, AND GUWAHATI-06 2:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI-19 DISTRICT KAMRUP (M) ASSAM. 3:THE GOVERNING BODY OF RUPAHI COLLEGE REPRESENTED BY ITS PRESIDENT RUPAHI COLLEGE P.O RUPAHI DISTRICT NAGAON ASSAM PIN- 782125 4:THE PRINCIPAL/SECRETARY OF RUPAHI COLLEGE REPRESENTED BY ITS PRESIDENT RUPAHI COLLEGE P.O RUPAHI DISTRICT NAGAON ASSAM PIN- 782125 5:THE CHAIRMAN OF THE SELECTION COMMITTEE OF RUPAHI COLLEGE Page No.# 2/3 CONSTITUTED FOR THE SELECTION OF ASSISTANT PROFESSOR POLITICAL SCIENCE IN RUPAHI COLLEGE P.O RUPAHI DISTRICT NAGAON ASSAM PIN- 782125 6:UNIVERSITY GRANTS COMMISSION REPRESENTED BY ITS SECRETARY HAVING ITS OFFICE AT BAHADUR SHAH ZAFAR MARG NEW DELHI- 110002 7:CHANNIKA BORAH C/O PRINCIPAL OF RUPAHI COLLEGE P.O RUPAHI DISTRICT NAGAON ASSAM PIN- 78212 Advocate for the Petitioner : MR. P MAHANTA, V KHAKHALARY,C SARMA,MS. P SAHARIA Advocate for the Respondent : SC, HIGHER EDU, SC, U G C BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 21.02.2025 1. Heard Mr. P. Mahanta, learned counsel for the petitioner, who submits that the subject matter in issue is with regard to the petitioner not being given marks in academic in the selection process, for filling up one sanctioned post of Assistant Professor in Political Science, Roster Point 2(OBC/MOBC) at Rupahi College. 2. The petitioner’s counsel submits that the petitioner had submitted a complaint before the Director, Higher Education on 14.10.2024, on the issue of the petitioner’s grievance regarding the petitioner not being awarded 27 marks in the selection process. As the complaint was not being acted upon, the petitioner filed WP (C) No. 5677/2024. He submits that WP (C) No. 5677/2024 was disposed of vide order dated 06.11.2024, by directing the Director of Higher Education Department to take a decision on the petitioner’s complaint dated Page No.# 3/3 14.10.2024. However, the direction passed by this Court on 06.11.2024 has not been complied with till date. 3. Mr. S.Das, learned counsel for the Higher Education Department and Mr. A.Lahkar, learned counsel for the respondent No.6 submit that the petitioner’s prayer in the present writ petition is the same as the petitioner’s prayer in WP (C) No. 5677/2024, wherein this Court had directed the Director of Higher Education to take a decision on the petitioner’s complaint dated 14.10.2024. As such, the petitioner cannot agitate the same issue, which has been decided earlier. 4. I have heard the learned counsels for the parties. 5. As rightly pointed out by the counsels for the respondents, the petitioner’s prayer in the present writ petition is the same as made out in WP (C) No. 5677/2024. The direction given in the order dated 06.11.2024, passed in WP (C) No. 5677/2024 would also have to be given herein. The only difference being that in the earlier order dated 06.11.2024 passed in WP (C) No. 5677/2024, no time period had been provided to the Director of Higher Education to take a decision. In that view of this matter, this Court is of the view that the present petition can be disposed of in terms of the order passed in WP ( C) No. 5677/2024, with the added direction that the Director of Higher Education, Assam will take a final decision with regard to the selection for the vacant post of Assistant Professor in Political Science, Roster Point 2 (OBC/MOBC) at Rupahi College after taking into consideration the petitioner’s representation, within a period of one month from the date of receipt of a certified copy of this order. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant