Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 8 Ors on 28 February, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010036472025
2025:GAU-AS:2056
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1017/2025
MONOJIT PURKAYASTHA
S/O- LATE GOPESH CH PURKAYASTHA, R/O- VILL- LAXMI NAGAR, PO-
KADAMTALA, PS- R K NAGAR, DIST- SRIBHUMI, ASSAM
VERSUS
THE STATE OF ASSAM AND 8 ORS
REP BY THE COMMISSIONER AND SECRETARY, GOVERNMENT OF
ASSAM, HIGHER EDUCATION DEPARTMENT DISPUR, GUWAHATI- 06
2:THE DIRECTOR OF HIGHER EDUCATION
ASSAM KAHILIPARA
GUWAHATI-19
3:THE INSPECTOR OF SCHOOLS
SDC SRIBHUMI
P.O. AND DIST. SRIBHUMI
ASSAM PIN- 78888710
4:THE GOVERNING BODY OF RAMKRISHNA NAGAR COLLEGE
SRIBHUMI ASSAM PIN- 788166
5:SRI DIPANKAR DAS
ASSISTANT PROFESSOR
CHEMISTRY
RAM KRISHNA NAGAR COLLEGE
SRIBHUMI ASSAM PIN- 788166
6:MRS. APARNA DAS DEY
ASSISTANT PROFESSOR
CHEMISTRY
RAM KRISHNA NAGAR COLLEGE
SRIBHUMI ASSAM
PIN- 788166
Page No.# 2/4
7:MR. PRANAY KUMAR NATH
ASSISTANT PROFESSOR
MATHEMATICS
RAM KRISHNA NAGAR COLLEGE
SRIBHUMI
ASSAM
PIN- 788166
8:DR. DIPANKAR PAUL
ASSISTANT PROFESSOR
PHYSICS
RAM KRISHNA NAGAR COLLEGE
SRIBHUMI
ASSAM
PIN- 788166
9:MR. PRASANTA NATH
ASSISTANT PROFESSOR
MATHEMATICS
RAM KRISHNA NAGAR COLLEGE
SRIBHUMI
ASSAM
PIN- 78816
Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS
Advocate for the Respondent : SC, HIGHER EDU, MS D.CHAKRABARTY,MR. D
CHAKRABARTY
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 28.02.2025 Heard Mr. M. Khan, learned counsel for the petitioner, who submits that the petitioner is serving as an Assistant Professor in R.K. Nagar College, Sribhumi. As the post of Principal fell vacant on 07.01.2025, due to the sudden resignation of the Principal, the Governing Body of the college has forwarded the name of the respondent No. 5 along with the seniority list dated 07.01.2025 Page No.# 3/4 to the respondent No. 4, for giving the charge of Principal to the respondent No.
5.
2. The petitioner's counsel submits that the services of the respondent Nos. 5 to 8 were provincialized w.e.f. 14.08.2013 under the provisions of Assam Venture Educational Institutions (Provincialization of Services) Act, 2011, while the service of the respondent No. 9 was provincialized as Tutor w.e.f. 01.01.2021 under the provisions of the Assam Education (Provincialization of Services of Teacher and Re-organization of Educational Institutions) Act, 2017. On the other hand, the service of the petitioner was provincialized w.e.f. 01.12.2005 under the provisions of the Assam Colleges Employees (Provincialization) Act, 2005.
3. The petitioner's counsel submits that the petitioner has submitted a representation dated 17.01.2025 to the Director of Higher Education, Assam, with regard to his grievance. However, the same has not been disposed of till date.
4. The petitioner's counsel submits that the present writ petition can be disposed of, if a direction is issued to the Director of Higher Education, to dispose of the petitioner's representation.
5. Mr. K. Gogoi, learned counsel for the Higher Education Department and Mr. D. Chakrabarty, learned counsel for the respondent No. 4 submit that the present writ petition is premature, in view of the fact that applications have been invited from intending candidates, for regular appointment to the post of Principal in R.K. Nagar College, Sribhumi.
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6. I have heard the learned counsels for the parties.
7. As the petitioner's prayer is only for giving the charge of Principal to the deserving candidates, until regular appointment is made, this Court directs the respondents that in the event they decide to appoint an in-charge Principal till selection of a regular Principal, the appointment of an in-charge Principal should be made, only after taking a decision on the petitioner's representation dated 17.01.2025.
8. Mr. D. Chakrabarty, learned counsel is allowed to file the Vakalatnama on behalf of the respondent No. 4 with the Registry.
9. The writ petition is accordingly disposed of.
JUDGE Comparing Assistant