Gauhati High Court
Trinayan Sarmah vs The State Of Assam And 4 Ors on 25 January, 2021
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010129942020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3787/2020
TRINAYAN SARMAH
S/O TULSI NATH SARMAH,
RESIDENT OF HOUSE NO. 69, BOKOLAI, DIST GOLAGHAT, ASSAM 785625
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAN, HIGHER EDUCATION DEPARTMENT, DISPUR
GUWAHATI 6
2:THE DIRECTOR
HIGHER EDUCATION
KAHILIPARA
GUWAHATI 19 ASSAM
3:THE PRINCIPAL IN CHARGE
SADIYA COLLEGE
CHAPAKHOWA
TINSUKIA
ASSAM
786157
4:THE PRINCIPAL
EASTERN KARBI ANGLONG COLLEGE
SARIHAJAN
KARBI ANGLONG
ASSAM
782480
5:THE SUPERINTENDENT OF POST
MEGHDOOT BHAWAN
GUWAHATI ASSAM 78100
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Advocate for the Petitioner : MR. J KALITA
Advocate for the Respondent : SC, HIGHER EDU
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 25.01.2021 Heard Mr. J. Kalita, learned counsel for the petitioner and Mr. K. Gogoi, learned Standing Counsel, Higher Education for respondent Nos. 1 and 2. Also heard Mr. B. Chakraborty, learned counsel for respondent No.3; Mr. K.K. Bhatta, learned counsel for respondent No.4 and Ms. R. Devi, learned Central Government Counsel for respondent No.5.
2. Matter pertains to advertisement, selection and appointment to the post of Assistant Professor (Physics) in Sadiya College, Chapakhowa of Tinsukia District, Assam as well as the Eastern Karbi Anglong College, Sarihajan of Karbi Anglong District, Assam. Authorities of both the Colleges i.e. Sadiya College, Chapakhowa and Eastern Karbi Anglong College, Sarihajan, after obtaining due approval of the Directorate of Higher Education (DHE), Assam on 03.08.2020, individually issued advertisements for filling up different vacant posts in their respective colleges including the post of Assistant Professor of Physics. Both the advertisements were published on 14.08.2020 notifying that the applicants shall submit their applications in the format prescribed by the DHE, Assam along with complete biodata and all testimonials from HSLC onwards having good academic record and latest UGC norms for direct recruitment which should reach the college within 15 (fifteen) days from the date of publication of those advertisements, prescribing application fee of Rs. 2000/- (Non- refundable) in favour of the Principal of the respective colleges through NEFT/Demand Draft. In those advertisements it was specifically observed that after 15 days from the date of such advertisements, application will not be accepted and there shall be no excuse of postal delay and/or the college will not be responsible for any such postal delay.
3. By paying Rs. 2000/- in the account of Principal, Sadiya College, Chapakhowa on 14.08.2020 the petitioner submitted his application before the said authority through postal Page No.# 3/5 service on 17.08.2020. With regard to Eastern College, Karbi Anglong, Sarihajan, the petitioner on 14.08.2020 made a Demand Draft of Rs. 2000/- in favour of the Principal of said college and submitted his application through postal service on 17.08.2020. Both the colleges received the applications of the petitioner after 15 days from the date of publication of the advertisement dated 14.08.2020 and accordingly, refused to accept the applications of the petitioner for the post of Assistant Professor of Physics in their colleges as advertised. Being aggrieved with such action of the respondent colleges, in not accepting his applications, the petitioner has preferred this writ petition.
4. Mr. B. Chakraborty, learned counsel appearing for Sadiya College, Chapakhowa submitted that pursuant to the advertisement dated 14.08.2020 interview for the post of Assistant Professor of Physics in the said college has not yet been held and that the college authority shall accept the application of the petitioner for the post of Assistant Professor Physics in pursuance of said advertisement dated 14.08.2020, as a solitary case only, as no other candidates, whose applications were refused by the college authority that were received after expiry of 15 days from the date of publication of the advertisement on 14.08.2020, have approached the Court and who do not possesses any order in their favour.
5. In view of the above, the petitioner stated that he has no grievance against Sadiya College, Chapakhowa.
6. On the other hand, Mr. K.K. Bhatta, learned counsel appearing for respondent No.4, Eastern Karbi Anglong College, Sarihajan submitted that the authority of the said college refused to accept petitioner's application for the post of Assistant Professor of Physics pursuant to the advertisement dated 14.08.2020 as it reached the college much after 15 days from the said advertisement.
7. Petitioner has placed before the Court that he obtained the details from the respondent No.5 and that his application for the post of Assistant Professor of Physics in Eastern Karbi Anglong College, Sarihajan through postal service was booked on 17.08.2020 around 11.38 a.m., but it reached Bokajan Post office on 02.09.2020 around 10.50 a.m. and in the afternoon of 02.09.2020 itself the same was transferred to the concerned Branch Office. However, as per note of the Sarihajan Branch Post Office the said application of the petitioner Page No.# 4/5 was returned as 'Refused' on 05.09.2020. The petitioner stated that it was not his fault that his application for the post of Assistant Professor of Physics in Eastern Karbi Anglong College, Sarihajan reached lately, which he submitted within due time by paying necessary fee as noted above.
8. It is also submitted by the petitioner that because of COVID-19 pandemic his application for the post of Assistant Professor of Physics, though submitted within time, was served lately on said Eastern Karbi Anglong College, Sarihajan, that too, after the specified period of 15 days from the date of publication of the advertisement on 14.08.2020.
9. It is seen that in the advertisement dated 14.08.2020, the authority of Eastern Karbi Anglong College, Sarihajan specifically provided that filled-up applications for the posts advertised on 14.08.2020 must reach the Principal of Eastern Karbi Anglong College, Sarihajan within 15 days from the date of publication of the said advertisement and that the college authority will not be responsible for any postal delay. While submitting his application through postal service on 17.08.2020 for the post of Assistant Professor of Physics in Eastern Karbi Anglong College, Sarihajan, the petitioner was fully aware of the above specification made by the authorities of the said college. Inspite of that the petitioner has approached this Court for a direction to the authorities of Eastern Karbi Anglong College, Sarihajan to accept his application that was earlier refused which was furnished to the college authorities by the postal department after completion of 15 days from the date of advertisement dated 14.08.2020. The petitioner did not approach any authority or other forum before submitting his application for extension of time to submit his application for the post of Assistant Professor of Physics as advertised by the authorities of Eastern Karbi Anglong College, Sarihajan, but has approached this Court only after the college authorities of Eastern Karbi Anglong College, Sarihajan refused to accept his said application, which the postal department served on the College authority beyond the period of 15 days as stipulated in the advertisement dated 14.08.2020.
10. It is also not the case of the petitioner that he approached the Court or any other appropriate authority including the college authority for extension of time for submission of application during the period of 15 days from the date of publication of the advertisement dated 14.08.2020 enabling him to submit his application for the post of Assistant Professor of Page No.# 5/5 Physics in said Eastern Karbi Anglong College, Sarihajan.
11. Considering the above, the Court is of the view that the petitioner is not entitled for any such direction or order or issuance of writ extending the time limit for acceptance of application for the post of Assistant Professor of Physics in Eastern Karbi Anglong College, Sarihajan as advertised on 14.08.2020.
12. Accordingly, the prayer of the petitioner for acceptance of his application for the post of Assistant Professor of Physics in Eastern Karbi Anglong College, Sarihajan advertised on 14.08.2020 stands rejected.
13. During the course of argument, Mr. B. Chakraborty, learned counsel appearing for Sadiya College, Chapakhowa submitted that the amount of Rs. 2000/- deposited by the petitioner in favour of the Principal of said Sadiya College, Chapakhowa in terms of the advertisement dated 14.08.2020 is sill with the college authority. As the authorities of Sadiya College, Chapakhowa has already admitted that they are ready to accept the application of the petitioner as a solitary case, petitioner is directed to submit a fresh application for the post of Assistant Professor Physics in said Sadiya College, Chapakhowa in terms of the advertisement dated 14.08.2020 at the earliest.
14. With the aforesaid observation and direction, this writ petition stands disposed of.
15. Interim order passed earlier on 30.09.2020, accordingly stands vacated.
JUDGE Comparing Assistant