Page No.# 1/12 GAHC010247582025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/118/2026 MD MOFIDUL ISLAM SON OF LATE NURUZ ZAMAL RESIDENT OF VILLAGEPUTHIKHAITY P.O.- RUPAHI P.S. RUPAHIHAT DISTRICT - NAGAON ASSAM PIN-782125 VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWAHATI781006 2:THE DIRECTOR OF HIGHER EDUCATION KAHILIPARA GUWAHATI- 781019 DISTRICT- KAMRUP METRO ASSAM. 3:THE GOVERNING BODY REPRESENTED BY ITS PRESIDENT RUPAHI COLLEGE P.O.- RUPAHI DISTRICTNAGAON ASSAM Page No.# 2/12 PIN- 782125. 4:THE PRINCIPAL RUPAHI COLLEGE P.O.- RUPAHI DISTRICT-NAGAON ASSAM PIN782125. 5:THE SELECTION COMMITTEE CONSTITUTED FOR THE SELECTION OF ASSISTANT PROFESSOR DEPARTMENT OF POLITICAL SCIENCE IN RUPAHI COLLEGE P.O.- RUPAHI DISTRICT- NAGAON ASSAM PIN- 782125 AND REPRESENTED HEREIN BY ITS CHAIRMAN. 6:MS SUJATA BURAGOHAIN DAUGHTER OF SUREN BURAGOHAIN RESIDENT OF VILLAGE- LALIMSIGA P.S.- AMGURI DISTRICT- SIVASAGAR ASSAM PIN-785680. ------------ Advocate for : MR. D J KAPIL Advocate for : SC HIGHER EDU appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 12.08.2026 Heard Mr. D.J. Kapil, learned counsel for the applicant. Also heard Mr. D. Upamanyu, learned Standing Counsel for the Higher Education Department of Government of Assam, representing respondents No. 1 and 2 and Mr. K. Kalita, learned counsel for the respondents No. 3, 4 and 5. Page No.# 3/12 2. This is an application seeking amendment of pleadings in WP(C)/6391/2025 in view of certain developments subsequent to the filing of the writ petition. 3. Mr. D.J. Kapil, learned counsel for the applicant by referring to paragraph 4 of the application, submits that the paragraphs No. 19. (a), 19. (b), 19. (c), 19. (d), 19.(e), 19. (f), 19. (g) and 19. (h), may be allowed to be incorporated as under :- “19.(a) That being not satisfied by the RTI replies provided by the Respondent No. 4 regarding the consolidated statement of marks awarded during the interview for post of Assistant Professor in the Department of Political Science, Rupahi College, Nagaon, the petitioner ultimately approached the Assam Information Commission and the said Commission vide its Order dated 15.05.2025 directed the Respondent No. 4 to provide all information requested by the petitioner immediately upon getting the final approved list pertaining to the interview from the office of the Respondent No. 2. Upon receipt of the Order dated 15.05.2025 from the Assam Information Commission, the petitioner immediately communicated the Respondent No. 2 vide his Letter dated 03.11.2025 by enclosing a copy of the Order dated 15.05.2025 in view of the fact that by then the consolidated statement of marks awarded to the interviewees had already been forwarded to the Respondent No. 2 vide Governing Body Resolution dated 31.10.2025. Copies of the Order dated 15.05.2025 issued by the Assam Information Commission and the Letter of the petitioner dated Page No.# 4/12 03.11.2025 are annexed herewith and marked as ANNEXURES- 11 and 12 respectively. 19.(b) That on receipt of the said Letter dated 03.11.2025, the Public Information Officer in the office of the Respondent No. 2 issued a letter on 18.11.2025 to the Respondent No. 4 inter alia transferring the RTI application of the petitioner under Section 6(3) of the Right to Information Act, 2005 and directed the Respondent No. 4 to do the needful for furnishing the information sought by the Petitioner. A copy of the said Letter dated 18.11.2025 was forwarded to the petitioner also. Copy of the Letter dated 18.11.2025 issued by the Public Information Officer in the office of the Respondent No. 2 is annexed herewith and marked as Annexure-13. 19.(c) That upon receiving the letter dated 18.11.2025, Respondent No. 4 provided a copy of the consolidated statement of marks dated 07.10.2024 pertaining to the selection of Assistant Professor in the Department of Political Science as issued by Respondent No. 5 to the petitioner. In the said consolidated statement of marks dated 07.10.2024, the petitioner's name is reflected at Şerial No. 18 and the name of the selected Respondent No. 6 is reflected at Serial No. 26 as "1st". On perusal of the said consolidated statement of marks dated 07.10.2024, the petitioner was shocked and surprised to find that the Respondent No. 6 has been selected as "1st" by allotting 68.35 marks to her and only 58.33 marks have been allotted to the petitioner to illegally deprive him. The Respondent No. 5 had committed the aforesaid illegality by Page No.# 5/12 allotting only 17 marks in the column for marks in "M.A./ M.Sc." under Academic Record in place of 27 marks although the petitioner had scored 80.73% marks in his M.A. in Political Science and by not giving the 2 marks in the column for "Research paper/ article in the concerned subject/domain published in impact factor journal existing in scopus Web of science/ web of knowledge" under Research Performance for which the petitioner is eligible by virtue of his Scopus Journal indexed research papers, details whereof was already provided to the Respondent No. 5 in his application for the said post. Copy of the Consolidated Statement of Marks dated 07.10.2024 is annexed herewith and marked as ANNEXURE- 14.” 19.(d) That the Petitioner respectfully submits that the action of the Respondent No. 5 in awarding only 17 marks to the Petitioner in the column for marks in M.A./ M.Sc. under Academic Record is wholly arbitrary, illegal and contrary to the prescribed selection criteria. The Petitioner had obtained his second M.A. degree in Political Science from Global Open University, Nagaland, securing 80.73% marks, which clearly entitled him to 27 marks under the relevant column as per the Office Memorandum bearing No. DHE/CE/Misc/49/ 2021/113 dated 29.01.2022. The said degree was obtained by the petitioner through the external/private candidate mode and not through any unrecognized mode as per the University Grants Commission and therefore could not have been lawfully ignored by the Selection Committee. The failure of Respondent No. 5 to take into consideration the said M.A. degree reflects complete non-application of mind and has directly resulted in the wrongful reduction of the Petitioner's marks, thereby adversely affecting his merit position in the selection process. Page No.# 6/12 Copies of the Admit cards of the petitioner for M.A. semester examinations issued by the Global Open University, Nagaland are annexed herewith and marked as ANNEXURE- 15. 19.(e) That the Petitioner further submits that the allotment of only 17 marks in the column for marks in 'M.A./ M.Sc.' under Academic Record evidently indicates that the Respondent No. 5 has erroneously considered the Petitioner's earlier M.A. degree in Political Science obtained from Indira Gandhi National Open University in the year 2015 in which the Petitioner has secured First Class with 62.38% marks, instead of considering his subsequent and superior qualification of having obtained M.A. degree in Political Science from Global Open University, Nagaland, securing 80.73% marks in the year 2022. It is well settled that where a candidate possesses more than one that where a candidate possesses qualification in the same discipline, the higher and better qualification must be taken into account for evaluation. By ignoring the Petitioner's M.A. degree with higher marks, despite full eligibility and prior disclosure, the Respondent No. 5 has acted illegally and unfairly, thereby causing serious prejudice to the Petitioner and has vitiated the entire selection process. 19.(f) That the Petitioner respectfully submits that the Respondent No. 5 has further acted in a wholly arbitrary and illegal manner by not awarding the Petitioner 2 marks in the column for "Research paper/ article in the concerned subject/domain published in impact factor journal existing in scopus Web of science/ web of knowledge" under Research Performance. In Annexure-A to his application for the post of Assistant Professor in the Department of Political Page No.# 7/12 Science, Rupahi College, the petitioner had specifically mentioned the names of following 3 (three) SCOPUS indexed research papers out of his total 5 (five) SCOPUS research papers: "i. Insurgency concerns and issues in Northeast India: Causes, consequences and recent development, ISSN-2394- 5125 (SCOPUS sources list- 2 in UGC CARE) Vol. 7, Issue 08. ii. Position of Fundamental Rights during Emergency in India, ISSN-0976- 6502 (SCOPUS sources list-2 in UGC CARE) Vol. 11, Issue 09. iii. Muslim Personal Law and the Constitution of India: Women's right perspective, ISSN-1475-7192 (SCOPUS sources list-2 in UGC CARE) Vol. 24, Issue 06." As such, the Petitioner was fully eligible for the said 2 marks, having published research papers in journals duly indexed in Scopus and the details whereof having been specifically disclosed by the Petitioner along with his application for the post of Assistant Professor. Despite the Petitioner fulfilling all prescribed eligibility conditions, the Respondent No. 5 failed to grant the said marks without assigning any reasons whatsoever, thereby demonstrating clear non-application of mind and violation of the principles of fairness and transparency. The non-award of the said 2 marks has materially prejudiced the case of the Petitioner and has directly contributed to the unlawful lowering of his overall merit, rendering the impugned selection process unsustainable in the eyes of law. Page No.# 8/12 A copy of the email dated 19.09.2020 signifying official acceptance of one such research paper is annexed herewith and marked as ANNEXURE- 16. 19.(g) That the Petitioner respectfully submits that it is absolutely strange and highly questionable that the impugned consolidated statement of marks dated 07.10.2024 bears the signature of Mr. Holi Ram Hazarika as the Chairman of Respondent No. 5, despite the fact that at the relevant point of time when the said consolidated statement is stated to have been prepared and issued, he was not holding the post of President of the Governing Body, namely Respondent No. 3. The Petitioner submits that such incongruity in the date and official capacity gives rise to a reasonable and bona fide apprehension that the consolidated statement of marks dated 07.10.2024 was not finalized on the said date, but was subsequently prepared or manipulated after the appointment of Mr. Holi Ram Hazarika as President of the Governing Body in the month of October, 2025. Such circumstances create serious doubt about the sanctity, transparency and genuineness of the impugned consolidated statement dated 07.10.2024 and indicate that the same may have been altered or tailored with the object of illegally favouring and selecting Respondent No. 6, thereby vitiating the entire selection process. Hence, the aforesaid consolidated statement dated 07.10.2024 is liable to be set aside and quashed by this Hon'ble Court. 19.(h) That the Petitioner respectfully submits that had the Respondent No. 5 lawfully and fairly awarded 27 marks to the Petitioner for his M.A. degree in Political Science in accordance with his securing 80.73% marks and further awarded 2 marks for his Scopus-indexed research publications under the head Page No.# 9/12 "Research Performance", the Petitioner's total marks would have come to 70. On adding the 0.33 marks allotted to the Petitioner under the interview component, his aggregate score would stand at 70.33 marks which would be the highest amongst all candidates who appeared for the said selection. It is further submitted that a perusal of the impugned consolidated statement of marks dated 07.10.2024 reveals that none of the other candidates have been awarded marks less than 1.33 under the interview column, whereas the Petitioner alone has been singled out and awarded an abnormally low score of 0.33 marks, clearly indicating a preconceived mindset, mala fide intent and bias on the part of the Selection Committee to deprive the Petitioner of his rightful selection. In view of the aforesaid illegalities, arbitrariness, irrationality, capriciousness and violation of the principles of fairness and transparency, the impugned consolidated statement of marks dated 07.10.2024 is vitiated in law. The petitioner states that on 01.12.2025, having no recourse, the petitioner submitted an representation before the Respondent No. 2 agitating his grievances but the same has not been considered till date. A copy of the representation dated 01.12.2025 is annexed herewith and marked as ANNEXURE-17.” 4. He submits that as consequence above, he may also be allowed to amended the prayer portion of the connected writ petition, which is as under :- "In the premises aforesaid, it is therefore prayed that your Lordships may be pleased to issue rule calling upon the respondents to show cause as to why a suitable writ in the nature of mandamus/certiorari and/or any other writ/ Page No.# 10/12 order/direction should not be issued (i) setting aside and quashing the impugned consolidated statement of marks dated 07.10.2024 issued by the Respondent No. 5 declaring the Respondent No. 6 as '1st' for appointment to the post of Assistant Professor in Political Science, Rupahi College, Nagaon; AND (ii) directing the Respondent Nos. 2 to 5 to reassess and re-evaluate the Petitioner's candidature by adhering to the mandatory norms prescribed by the Government of Assam vide Office Memorandum No. DHE/CE/Misc/49 /2021/113 dated 29.01.2022 and forthwith recommend and appoint the Petitioner to the post of Assistant Professor in Political Science, Rupahi College, Nagaon; Call for the record of the case; And on perusal of the records and upon hearing the parties be pleased to make the rule absolute: AND (i) set aside and quash the impugned consolidated statement of marks dated 07.10.2024 issued by the Respondent No. 5 declaring the Respondent No. 6 as '1st' for appointment to the post of Assistant Professor in Political Science, Rupahi Page No.# 11/12 College, Nagaon; (ii) direct the Respondent Nos. 2 to 5 to reassess and re- evaluate the Petitioner's candidature by adhering to the mandatory norms prescribed by the Government of Assam vide Office Memorandum No. DHE/CE/Misc/49/2021/113 dated 29.01.2022 and forthwith recommend and appoint the Petitioner to the post of Assistant Professor in Political Science, Rupahi College, Nagaon; AND And/or pass such further order(s) as your Lordships may deem fit and proper; AND In the interim be pleased to stay the operation of the impugned consolidated statement of marks dated 07.10.2024 issued by the Respondent No. 5 declaring the Respondent No. 6 as '1st' for appointment to the post of Assistant Professor in Political Science, Rupahi College, Nagaon." 5. Upon perusal of the pleadings in the application, this Court deems it appropriate to allow the prayer for amendment of the writ petition. Page No.# 12/12 6. Having considered above and the prayer not being objected to the learned counsel for the respondents, the interlocutory application for amendment as sought for, which is referred hereinabove to WP(C)/6391/2025, is allowed. Accordingly, WP(C)/6391/2025 be allowed to be amended by incorporating the aforementioned paragraphs. 7. It is needless to mention that the applicant/petitioner to file a consolidated writ petition. 8. Interlocutory Application stands allowed and disposed of. JUDGE Comparing Assistant