Page No.# 1/4 GAHC010104682026 2026:GAU-AS:7452 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2771/2026 RUMIA BEGUM WIFE OF MOTIUR RAHMAN,PERMANENT RESIDENT OF WARD NO.. 20, ISLAMPATTY, P.O.-HAIBARGAON, P.S.-NAGAON SADAR, DIST.-NAGAON, ASSAM, PIN-782002, PRESENTLY RESIDING AT FLAT NO. B-1, HERASATULLAH ENCLAVE, SK BHUYAN ROAD, DIGHALIPUKHURI, KAMRUP METRO, GUWAHATI-781001. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06, DISTRICT-KAMRUP (M), ASSAM. 2:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE PRINCIPAL LALIT CHANDRA BHARALI (LCB) COLLEGE MALIGAON GUWAHATI-11. 4:THE GOVERNING BODY LALIT CHANDRA BHARALI (LCB) COLLEGE REPRESENTED BY ITS SECRETARY MALIGAON GUWAHATI-11. 5:COTTON UNIVERSITY REPRESENTED BY ITS REGISTRAR Page No.# 2/4 PANBAZAR GUWAHATI-01 Advocate for the Petitioner : MOTIUR RAHMAN, MR. A S TAPADER,MR D S DEKA Advocate for the Respondent : SC, HIGHER EDU, SC, COTTON UNIVERSITY BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN 27.05.2026 Heard Mr D S Deka, learned counsel for the petitioner and Mr S Bhuyan, learned Standing Counsel for Higher Education Department, representing respondent Nos. 1 and 2. Also heard Mr A Chetri, learned counsel appearing on behalf of Mr P D Nair, learned Standing Counsel for the Cotton University, representing the respondent No. 5. 2. By this application, the petitioner has prayed that the respondent No. 3 be directed to issue a No-Objection Certificate within the stipulated time in favour of the petitioner, so that the petitioner can appear in the selection process conducted by the respondent No. 5 for appointment to the post of Assistant Professor in the Department of Economics. 3. The case of the petitioner is that she was appointed on the recommendation of the selection committee and Governing Body’s recommendation in Ratnapith College, District Dhubri, as an Assistant Professor, in the Department of Economics, vide order dated 15.02.2019. Thereafter, on the recommendation of the selection committee and the Governing Body’s resolution, the petitioner was appointed as the Assistant Professor in the Department of Economics in Lalit Chandra Bharali College, vide order dated 23.09.2022, and since then, the petitioner has been working in the said College. Thereafter, there was an advertisement put up by the Cotton University for appointment to the post of Assistant Professor in different streams in the year 2024 and the petitioner applied for appointment as an Assistant Professor in the Department of Economics in the Page No.# 3/4 Cotton University. In the selection process conducted by the Cotton University, the petitioner was shortlisted and was called for the interview. However, the petitioner, to appear in the interview for the selection process for appointment as stated above, applied for a No-objection Certificate from the authorities in the Lalit Chandra Bharali College, where she was working. It is stated by the learned counsel for the petitioner that during that time, the requirement that a Professor has to have service for 3 years was not there The petitioner has also made her first representation before the Principal of the LCB College, Guwahati, on 2nd of April, 2024, then the second representation on 22nd of May, 2024, and the last representation was made on 18th of May, 2026, for giving her the NOC.. It is stated that the Principal of the LCB college, by a letter dated 18.052026, by intimating her the Resolution-9 adopted in the Governing Body meeting held on 22.02.2025, by which it was resolved that No-objection Certificate will be issued to teachers or employees only after completion of 3 (three) years of consecutive service in the college and that the NOC will be given by the Principal only after placing the same in the Governing Body and after an approval is obtained. 4. The learned counsel for the petitioner submits that the requirement of 3 (three) years’ consecutive service is fulfilled by the petitioner as she was appointed on 23.09.2022. and she has completed three years of continuous service on 23.09.2025. he further submits that under Rule 24 of Assam College Employees (Provincialization) Rules, 2010, NOC should be issued to the employees or the teachers, who wishes to participate in the selection process of other jobs. 5. In view of the same, it is, therefore, directed that the authorities in the LCB College would consider giving the NOC to the petitioner, so that she can appear in the interview conducted by the Cotton University. In view of the facts and circumstances and in view of the law enunciated above, if not found ineligible for any other reasons and the said exercise should be done within a period of one week from the date of receipt of the certified copy of this order. The petitioner is directed to place the certified copy of this Page No.# 4/4 order before the authority concerned, i.e. the LCB College, at the earliest. 6. The writ petition is disposed of. JUDGE Comparing Assistant