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2026 DAILYLAW 13522 (GAU)

THE GOVERNING BODY OF SAPEKHATI COLLEGE v. DR DIBYA DOLEY AND ORS

I.A.(Civil)/3116/2026 · 2026-09-02

Soumitra Saikia

body2026

Judgment text

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Page No.# 1/5 GAHC010175302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3116/2026 THE GOVERNING BODY OF SAPEKHATI COLLEGE REPRESENTED BY ITS PRESIDENT, P.O.- SAPEKHATI, DISTRICT- SIVASAGAR, ASSAM VERSUS DR DIBYA DOLEY AND ORS AGED ABOUT 56 YEARS, THE I/C PRINCIPAL OF SILAPATHAR, TOWN COLLEGE, SILAPATHAR, P.O0.- SILAPATHAR, DISTRICT- DHEMAJI, ASSAM. 2:DR DHANJOY NARZARY THE I/C PRINCIPAL OF THONG NOKBE COLLEGE DOKMOKA KARBI ANGLONG P.O.- DOKMOKA DISTRICTKARBI ANGLONG ASSAM 3:DR DEBABRATA SEN THE I/C PRINCIPAL OF KHOIRABARI COLLEGE DISTRICT- UDALGURI BTAD ASSAM. 4:ABDUL AWAL SAHAB THE I/C PRINCIPAL OF F.A. AHMED COLLEGE GOROIMARI P.O.- TUKRAPARA DISTRICT- KAMRUP ASSAM-781137. 5:LUIT HAZARIKA Page No.# 2/5 THE I/C PRINCIPAL OF OF HATICHONG COLLEGE P.O.- HATICHONG DISTRICT- NAGAON ASSAM 6:SRI GUNINDRA PEGU THE I/C PRINCIPAL OF OF BRAHMAPUTRA DEGREE COLLEGE P.O.- BAKULGURI DISTRICTLAKHIMPUR ASSAM 7:DR HEMANTA KUMAR BARUAH THE I/C PRINCIPAL OF SAPEKHATI COLLEGE P.O.- SAPEKHATI DISTRICT- SIVSAGAR ASSAM. HIS NAME HAS BEEN STRUCK OFF VIDE HONBLE COURTS ORDER DATED 02/04/2026 PASSED IN I.AC NO. 859/2026 8:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY GOVT. OF ASSAM DEPARTMENT OF HIGHER EDUCATION DISPUR GHY-06 9:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 10:THE UNIVERSITY GRANTS COMMISSION BAHADUR SHAH ZAFAR MARG NEW DELHI11000 Advocate for the Petitioner : MR. B CHETRI, JYOTIRUPA SARMAH Advocate for the Respondent : MR. B K SEN, SC, HIGHER EDU BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 03.09 .2026 Heard Mr. B. Chetri, learned counsel for the applicant. Also heard Mr. B.K. Page No.# 3/5 Sen, learned counsel for the opposite party No.7; Mr. A.R. Tahbildar, learned Standing Counsel, Higher Education Department; Ms. K. Borpujari, learned Standing Counsel, UGC. 2] This interlocutory application has been filed by the applicant seeking a correction in the order dated 10.08.2026 passed in I.A.(Civil) No.2614/2026 in WP(C) No.7378/2025. By way of the present application the applicant submits that in paragraph 3 of the said order it was recorded as under: “3. The writ petitioners have filed the writ petition claiming their regular appointment as Principals in their respective colleges. It is submitted that the writ petitioner no.7, namely, Dr. Hemanta Kumar Baruah, who was the In-charge Principal of Saphekhati College, Sivasagar, had made his claim for being appointed as a regular Principal in Saphekhati College, Sivasagar and steps have been taken by the respondents Higher Education Department and College Authorities for appointment of the petitioner no.7 for filling up the post of regular Principal in the said College by way of direct recruitment under the Assam College Employees (Provincialisation of Services) Rules, 2010.” 3] It is submitted by the learned counsel for the applicant that in the said paragraph it was recorded as “steps have been taken by the respondents Higher Education Department and College Authorities for appointment of writ petitioner no.7 for filling up the post of regular Principal of the said college by way of direct recruitment under the Assam College Employees (Provincialisation of Services) Rules, 2010”. It is submitted that this is not correct set of facts, the college authorities namely Sapekhati College by way of the direct recruitment had appointed Dr. Biju Moran as a regular Principal on 12.01.2026 and the petitioner No.7 is no longer In-Charge Principal of the said college. It is further submitted that earlier by order dated 02.04.2026 passed in I.A.(Civil) No.859/2026, the application which was filed by the petitioner No.7 of WP(C) No.7378/2025 was allowed striking off his name from the array of writ petitioners therefore, the petitioner No.7 is no longer as petitioners in WP(C) Page No.# 4/5 No.7378/2025. 4] The learned counsel for the applicant further submits that in paragraph No.4 instead of the appointment given to the petitioner No.7 as regular Principal of the Saphekhati College it has to be stated that Dr. Biju Moran has been appointed as a Regular Principal of the Sapekhati College. He therefore, submits that this corrections are required to be incorporated in the order dated 10.08.2026 passed in I.A.(Civil) No.2614 of 2026. 5] Mr. B.K. Sen, learned counsel who represented the petitioner No.7 in WP(C) No.7378/2025 does not object to the position on facts of order dated 02.04.2026 passed in I.A.(Civil) No.859/2026. The said interlocutory application was filed by the petitioner No.7 in WP(C) No.7378/2025 seeking deletion of his name from the array of the petitioner and which came to be deleted. He also does not dispute the position on facts that Dr. Biju Moran has been appointed as regular Principal of Sapekhati College. 6] Under such circumstances the following corrections are incorporated in the order dated 10.08.2026 passed in I.A.(Civil) No.2614 in paragraph No.3 in place of the appointment of petitioner No.7 for filling up the post of regular Principal in the said College by way of direct recruitment under the Assam College Employees (Provincialisation of Services) Rules, 2010 it shall be read as the steps have been taken by the respondents college for filling up the post of regular Principal of the said college by way of direct recruitment and Dr. Biju Moran has been appointed as a regular Principal. In paragraph No.4 of the said order in place of the appointment given to petitioner no.7 as a regular Principal of the Saphekhati College, the same shall be read as the appointment had given to Dr. Biju Moran as regular Principal of the Sapekhati College. In paragraph Page No.# 5/5 No.5 of the said order in place he does wish to press the claims against the Governing Body Saphekhati College i.e. the respondent no.10 it should be read as he does not wish to press the claim against the Governing Body Sapekhati College i.e. the respondent no.10. 7] This order shall be read together with the order dated 10.08.2026 passed in I.A.(Civil) No.2614/2026. 8] This interlocutory application accordingly, stands allowed and disposed of. JUDGE Comparing Assistant