Page No.# 1/4 GAHC010061912025 2025:GAU-AS:3638 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1712/2025 MD. JAHANGIR KHAN S/O- SHAHADAT KHAN, RESIDENT OF VILLAGE- JOGIRPAM, P/O- DHABLIAPARA, P/S AND DISTRICT- BARPETA, ASSAM, PIN- 781316. VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI-19 DISTRICT- KAMRUP(M) ASSAM. 3:THE GOVERNING BODY OF PUTHIMARI COLLEGE REPRESENTED BY ITS PRESIDENT PUTHIMARI COLLEGE P/O- KENDUKONA DISTRICT- KAMRUP ASSAM PIN- 781354. 4:THE PRINCIPAL/ SECRETARY OF PUTHIMARI COLLEGE SONESWAR P/O- KENDUKONA KAMRUP Page No.# 2/4 ASSAM PIN- 781382. 5:THE CHAIRMAN OF THE SELECTION COMMITTEE OF PUTHIMARI COLLEGE CONSTITUTED FOR THE SELECTION OF ASSISTANT PROFESSOR DEPARTMENT OF PHILOSOPHY IN PUTHIMARI COLLEGE P/O- KENDUKONA DISTRICT- KAMRUP ASSAM PIN- 781382. 6:ADRIJA SARMAH D/O- MANAB KUMAR SARMAH RESIDENT OF RUKMINI GAON KHANAPARA GUWAHATI KAMRUP(M) ASSAM PIN- 781022 Advocate for the Petitioner : MR. P MAHANTA, MS. P SAHARIA,V KHAKHALARY,C SARMA Advocate for the Respondent : SC, HIGHER EDU, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 28-03-2025 Heard Mr. P Mahanta, learned counsel for the petitioner, who submits that the petitioner took part in the selection process for filling up the vacant post of Assistant Professor (Philosophy) (19 unreserved) at Puthimari College, Soneswar, Kamrup, Assam, pursuant to the advertisement dated 26.09.2024. Though the petitioner was expecting to be selected, the Selection Committee selected and recommended the name of the respondent No. 6 as the first nominee, followed by the petitioner, for the Page No.# 3/4 post of Assistant Professor (Philosophy) (19 unreserved). 2. The petitioner’s counsel submits that the petitioner is aggrieved at the granting of 1.5 marks to the respondent No. 6 in the selection process and in this regard, the petitioner has submitted representations dated 05.03.2025, 08.03.2025 and 10.03.2025 to the respondent No. 2. However, no decision has been taken by the respondent No. 2. 3. Mr. AR Tahbildar, learned counsel for the Higher Education Department, on the other hand, submits that the selection process has not attained finality as on date, in terms of the Assam College Employees (Provincialisation) Act, 2005 and the Assam College Employees (Provincialisation) Rules, 2010. He submits that the recommendation/selection made by the Selection Committee is to be forwarded to the Director, who will thereafter have to issue an appointment order based on the recommendation of the Governing Body and Selection Committee. He submits that in a similar case, i.e., WP(C) 1130/2016 (Dr. Gitamoni Handique Gogoi vs. State of Assam & 4 Ors.), which was disposed of on 07.12.2023, the grievance of the petitioner therein against the selection of the respondent No. 5 therein, was directed to be decided by the Director, Higher Education Department. He submits that a similar order can be passed herein. 4. I have heard the learned counsels for the parties. 5. On perusing the order dated 07.12.2023 passed in WP(C) 1130/2016 and the facts of this case, I find that the facts are quite similar. It is clear that no final appointment order has been issued by the Director, thereby implying that the selection process has not attained finality, as on date. As Rule 7 of the Assam Colleges Employees (Provincialisation) Rules, 2010 provides that all Page No.# 4/4 appointments shall be made by the Director on the basis of the recommendation of the Governing Body based on the recommendation of the Selection Committee, the Director, Higher Education Department is directed to take a decision on the petitioner’s representations dated 05.03.2025, 08.03.2025 and 10.03.2025, while considering the recommendation and selection of the respondent No. 6 by the Selection Committee/Governing Body. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant