Page No.# 1/8 GAHC010205732025 2026:GAU-AS:5200- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/288/2025 PRAMOD MEDHI S/O LATE KAMALKANTA MEDHI, R/O VILLAGE BHOGPUR, P.O - BARAMA, DIST - BAKSA, BTR, ASSAM. PIN - 781346. VERSUS PRATIVA PATOWARY AND 9 ORS D/O LATE SARD CHANDRA PATOWARY, HOUSE NO. 8-H, SHANTI VALLEY, APARTMENT, BLOCK - A, P.O GATANAGAR, P.S JALUKBARI, DISTRICT - KAMRUP (M), ASSAM- 781011. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY EDUCATION (HIGHER) TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006 DISTRICT- KAMRUP (METRO) ASSAM. 3:THE BODOLAND TERRITORIAL COUNCIL (BTC) REPRESENTED BY THE PRINCIPAL SECRETARY BODOGA NWGWR KOKRAJHAR ASSAM - 783370. 4:THE SECRETARY OF EDUCATION BTC BODOGA NWGWR KOKRAJHAR ASSAM - 783370. 5:THE DIRECTOR OF EDUCATION (BTC) BODOGA NWGWR Page No.# 2/8 KOKRAJHAR ASSAM - 783370. 6:BODOLAND UNIVERSITY REPRESENTED BY ITS REGISTRAR BODOGA NWGWR KOKRAJHAR ASSAM - 783370. 7:PRINCIPAL SELECTION COMMITTEE OF GORESWAR COLLEGE REPRESENTED BY ITS CHAIRMAN (VICE CHANCELLOR BODOLAND UNIVERSITY) GORESWAR COLLEGE GORESWAR DISTRICT - KOKRAJHAR ASSAM - 783370. 8:THE GOVERNING BODY OF GORESWAR COLLEGE GORESWAR REPRESENTED BY ITS PRESIDENT DISTRICT TAMULPUR ASSAM - 781366. 9:THE DIRECTOR INTERNAL QUALITY ASSURANCE CELL BODOLAND UNIVERSITY DISTRICT - KOKRAJHAR BTR ASSAM -783370. 10:UNIVERSITY GRANT COMMISSION REPRESENTED BY THE SECRETARY 35 FEROZE SHAH ROAD NEW DELHI - 11000 Advocate for the Petitioner : MR D KALITA, MR B PRASAD,MR. M K CHOUDHURY,MR J LOTHA Advocate for the Respondent : MR G BARGAYARY, MR. P BHOWMICK(R8),SC, U G C,SC, BODOLAND UNIVERSITY,SC, BTC,SC, HIGHER EDU,FOR CAVEATOR,MR P P MEDHI,Z HAQUE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 07/04/2026 (Michael Zothankhuma, J) Page No.# 3/8 1. Heard Mr. M.K. Choudhury, learned Sr. Counsel for the appellant assisted by Mr. D. Kalita, learned counsel for the appellant. Also heard Mr. P.P. Medhi, learned Counsel for the respondent No.1, Mr. S. Bhuyan, learned counsel appears for the respondent no. 2, Mr. N.R.Sharma, learned counsel for the respondent nos. 3, 4 & 5/BTC. Mr. K.K. Dey, learned counsel appears for the respondent No.6, Mr. P. Bhowmick, learned counsel for the respondent no. 8 and Dr. P. Agarwal, learned counsel appears for the respondent No.10/UGC. 2. This appeal has put to challenge the common judgement and order dated 03/09/2025 passed by the learned Single Judge in WP(C) No. 598/2024 and WP(C) No. 3543/2023, by which the appointment of the appellant (petitioner in WP(C) 598/2024) as Principal of Goreswar College has been set aside, while directing the authorities to act on the recommendation of the Selection Committee by appointing the respondent no. 1 (petitioner in WP(C) 3543/2023) as Principal of Goreswar College. 3. The issue to be decided in this appeal is as to whether the appellant and the respondent no. 1 have got the eligibility criteria for taking part in the selection process, for filling up the post of Principal, Goreswar College, in terms of Clause 5 of the Advertisement dated 01.01.2023, wherein it is stated as follows:- “5. A minimum of 10 research publication in Peer-Reviewed or UGC listed journals and a minimum of 110 research score as per APPENDIX-II at Table-2.” 4. The appellant and the respondent No.1 had taken part in the selection process in terms of the advertisement for filling up the post of Principal of Goreswar College, wherein the appellant secured 400.58 marks, while the respondent No.1 secured 427.4 marks. The Selection Committee recommended the name of respondent No.1 for appointment to the post of Principal, keeping in view the fact that she had secured higher marks than the appellant. However, the State respondents appointed Page No.# 4/8 the appellant to the post of Principal, on the ground that he was to be given preference, as he was a permanent resident of the BTC area, in terms of Clause-10 of the advertisement. 5. The respondent No.1 being aggrieved by the appointment of the appellant who had secured lesser marks than her, filed WP(C) No.3543/2023. The appellant in his affidavit-in-opposition in WP(C) 3543/2023, took the stand that as he was a permanent resident of BTC area, there was no infirmity in the decision of the State respondents in appointing the appellant over the respondent no. 1 to the post of Principal, as the same was in consonance with the conditions laid down in Clause 10 of the advertisement. 6. The appellant thereafter filed WP(C) 598/2024 against the respondent no.1, stating that the respondent no.1 did not have the eligibility criteria for participating in the selection process for the post of Principal, as the respondent no.1 did not have a minimum of 10 research publications in a Peer-reviewed or UGC listed journals, as required under clause 5 of the advertisement. 7. The learned Single Judge thereafter passed a common judgment and order dated 03.09.2025, disposing of both WP(C) 598/2024 along with WP(C) 3543/2023, by holding that the issue of preference to be given to a person residing in the BTR area, would only come to play when all other things between the two parties were equal. As the respondent no.1 secured higher marks than the appellant in the selection process, the preference clause could not be applied by the State respondents. With regard to the issue raised by the appellant that the respondent no.1 did not have the eligibility criteria for participating in the selection process, the learned Single Judge held that the issue raised by the appellant was an after-thought. 8. The learned Single Judge thereafter set aside the appointment order dated 10.05.2023, appointing the appellant as the Principal of Goreswar College and directed Page No.# 5/8 the respondents to proceed in accordance with the recommendation of the Selection Committee by appointing the respondent no.1 to the post of Principal. 9. The appellant’s counsel Mr. M.K. Choudury, has at the outset, stated that he does not wish to press the present appeal with regard to the issue relating to Clause- 10, as the decision of the learned Single Judge appears to be correct. He however submits that the respondent no. 1 is not eligible to participate in the selection process in terms of Clause-5 of the advertisement, inasmuch as, the Annexure-I (colly) of the affidavit-in-opposition filed on behalf of the respondent nos. 2, 3 & 4, i.e., the Director of Education, BTC, shows that the meeting minutes of the Committee constituted for re-verification of the research papers published in journals submitted by Dr. Prativa Patowary (respondent No.1) and Dr. Pramod Medhi (appellant) on 04.04.2024, shows that the respondent no. 1 did not have the eligibility criteria to participate in the selection process, as required under Clause-5 of the advertisement. 10. On considering the issue at hand, we were of the view that as the constitution of the Selection Committee, which had initially considered the research papers of the parties was different from the Committee for re-verification of the research papers constituted on a subsequent date, the BTC authorities should produce all the records pertaining to the research papers submitted by the parties herein, which were to be published in Peer-reviewed or UGC listed journals, before a new Committee to be appointed by this Court, who would look into the issue, inasmuch as, the Courts are not experts in this field. 11. Further, as that there was a divergence of views in respect of the Research Publications submitted by the appellant and the respondent no.1 by two different Committees, a 3rd Independent Committee should be constituted to take a final decision, with regard to whether the appellant and the respondent no.1 had the eligibility criteria, for taking part in the selection process for filling up the post of Page No.# 6/8 Principal, Goreswar College, in terms of Clause 5 of the Advertisement dated 01.01.2023. Accordingly, with the consent of the parties, a 3 Member Committee was constituted with the following members : (i) Dr. Hrishikesh Baruah, Principal, K.C. Das, Commerce College. (ii) Mr. Rajiv Handique, Academic Registrar, Gauhati University and (iii) Manoj Mahanta, Principal, Pragjyotish College. 12. The Committee was required to look into the Research Publications that had been submitted by the appellant and the respondent no.1, pursuant to the Advertisement dated 01.01.2023 and make a Report, as to whether the 10 Research Publications of the appellant and the respondent no.1 came within Clause 5 of the Advertisement dated 01.01.2023. The Chairman of the 3 Member Committee was Dr. Hrishikesh Baruah, Principal, K.C. Das, Commerce College. 13. Pursuant to the orders passed by this Court, the Inquiry Committee headed by the Principal of K.C. Das Commerce College, submitted a Committee Meeting Minutes dated 29/12/2025 wherein, it was stated that the application copy of the respondent no. 1 was not found in it’s complete form for verification. 14. Subsequent to the above, various orders were passed and in the order dated 16/03/2026 passed by this Court, it was recorded that the Director, BTC, had brought the records pertaining to the original applications submitted by the appellant and the respondent no. 1. Accordingly, the same was directed to be handed over to the Inquiry Committee constituted headed by Dr. Hrishikesh Baruah, Principal, K.C. Das Page No.# 7/8 Commerce College. 15. Today, we have opened the Inquiry Committee report dated 18/03/2026 submitted by the 3 (three) member Committee headed by Dr. Hrishikesh Baruah, Principal, K.C. Das Commerce College, which was to decide whether the appellant and the respondent no. 1 had fulfilled the eligibility criteria for participating in the selection process in terms of clause-5 of the advertisement dated 01/01/2023. 16. The 3 Member Inquiry Committee report dated 18/03/2026 has stated that both the appellant and the respondent no.1 were eligible to be considered for selection to the post of Principal, Goreswar College, in terms of Clause-5 of the advertisement dated 01/01/2023. The letter dated 19/03/2026 issued by the Principal, K.C. Das Commerce College and Chairman of the Inquiry Committee addressed to the Registrar General of the Gauhati High Court and the Inquiry Committee Report dated 18/03/2026 are made a part of the record and marked as Annexures ‘X’ & ‘Y’ respectively. 17. The contents of Annexure ‘Y’ is reproduced herein below, as follows :- “Report of the Committee constituted by Hon'ble Gauhati High Court in Case No WA/288/2025 and notified by Director of Education, B.T.C. vide No. DE/BTC/WA288/2025/526, dated 16.03.2026 to verify the Research Publications of Pramod Medhi and Prativa Patowary. The following members were present in the meeting: 1. Dr. Hrishikesh Baruah, Principal, K.C. Das Commerce College-Chairperson 2. Prof. Rajib Handique, Academic Registrar, Gauhati University - Member 3. Dr. Manoj Mahanta, Principal, Pragjyotish College- Member. The members of the committee met on 18.03.2026 and verified the documents supplied to it by the Directorate of Education, BTC as per the directive of the Hon'ble Gauhati High Court in Case No WA/288/2025. The research publications of both the Appellant and Respondent No. I were thoroughly scrutinized after which the members decided to unanimously recommend as Page No.# 8/8 follows: Both the Appellant and Respondent No. 1 of the Hon'ble Gauhati High Court in Case No. WA/288/2025 are found to have fulfilled the eligibility criteria of having a minimum of 10 research publications in Peer-Reviewed or UGC listed Journals and a minimum of 110 research score.” 18. As the appellant and the respondent no.1 have been found to be eligible to participate in the selection process in terms of Clause-5 of the advertisement, the selection of the successful candidate would have to depend upon the marks obtained by the candidates in the selection process. As the appellant had secured 400.58 marks, while the respondent no.1 had secured 427.4 marks, the respondent no.1, who was recommended for appointment to the post of Principal by the Selection Committee would have to be appointed to the post of Principal of Goreswar College by the Ld. Single Judge. Accordingly, the setting aside of the appointment of the appellant as Principal of Goreswar College by the learned Single Judge is hereby upheld and the respondent authorities are directed to proceed in accordance with the recommendation of the Selection Committee, by appointing the respondent no.1 as Principal of Goreswar College. Consequently, the status-quo order(s) passed in this case are hereby vacated. 19. The remuneration of Rs. 20,000/- each should be paid to each of the 3 Member Committee at the earliest and preferably within a month of this order. 20. The writ appeal is accordingly disposed of. JUDGE JUDGE Comparing Assistant