Gauhati High Court
Dr. Silpa Das vs The State Of Assam And 3 Ors on 9 May, 2023
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010097172023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2494/2023
DR. SILPA DAS
C/O- KHAGEN CHANDRA DAS,
VILL- DEHAN GARIGAON, LUITPAR,
P.O.- GARIGAON,
DIST- KAMRUP(M), PIN- 781012.
VERSUS
THE STATE OF ASSAM AND 3 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVT. OF ASSAM,
HIGHER EDUCATION DEPARTMENT,
DISPUR, GUWAHATI-6, ASSAM.
2:THE DIRECTOR OF HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE SELECTION COMMITTEE OF GUWAHATI COLLEGE
CONSTITUTED FOR SELECTION OF ASSISTANT PROFESSOR TO BE
REPRESENTED BY THE PRINCIPAL.
4:THE PRINCIPAL
KAMRUP COLLEGE
CHAMATA
NALBARI- 781036
ASSAM
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : SC, HIGHER EDU
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BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
09.05.2023 Heard Mr. A.R.Bhuyan, learned counsel for the petitioner and Mr. K. Gogoi, learned Standing counsel, Higher Education Department, Assam for the respondent Nos. 1 & 2.
2. Pursuant to the advertisement dated 15.12.2022 issued by the Principal of Guwahati College, Bamunimaidam, District-Kamrup (M) for the post of an Assistant Professor of Mathematics under un- reserved category at Roaster Point No. 7, the petitioner who is serving as an Assistant Professor in the department of Mathematics at Kamrup College, Chamata, District-Nalbari applied for the said post of Assistant Professor of Mathematics within the time specified in the said advertisement dated 15.12.2022.
3. Finding the application of the petitioner in proper format, the Principal of said Guwahati College vide communication No. GC/Interview/2023/1247 dated 12.04.2023 informed the petitioner asking her to appear in the interview before the Selection Committee on 21.04.2023 at 9:30 am in the college premises for the post of Assistant Professor of Mathematics under un-reserved category in said college as advertised on 15.12.2022 along with all the original Certificates, Mark Sheets, Permanent Residence Certificate, Persons with Disability (PwD), Caste Certificate (where necessary) and other relevant documents for verification.
4. Though the petitioner attended the college premises on 21.04.2023 for her appearance in the said interview but the authorities in the Guwahati College, Bamunimaidam, did not allow her to participate in the interview for the post of Assistant Professor of Mathematics as advertised on 15.12.2022 stating that she did not submit the No Objection Certificate as required for her to appear in the said interview.
5. It is contended by the petitioner that her application for the post of Assistant Professor of Mathematics under un-reserved category in said Guwahati College as advertised on 15.12.2022 was duly forwarded by the Principal of Kamrup College, Chamata with its endorsement.
6. Rule 24 of the Assam College Employees (Provincialisation) Rules, 2010 framed under the Page No.# 3/3 provisions of Section 12 of the Assam College Employees (Provincialisation) Act, 2005 having statutory force, provides for "No Objection Certificate for Higher Studies and applying for jobs" and it is stipulated that -
"The Governing Body shall issue No Objection Certificate to the college employees for applying for admission to course of higher studies and for other jobs."
7. On the next date fixed, the Director of Higher Education, Assam, respondent No. 2 shall place before the Court a copy of the application of the petitioner along with all other relevant documents submitted for the post of Assistant Professor of Mathematics under un-reserved category in Guwahati College, Bamunimaidam, District-Kamrup (M) as advertised on 15.12.2022 after seizing it from the authorities of said college as the said Guwahati College is a provincialised college of the State under the Director of Higher Education, Assam to verify as to whether the necessary approval was given by the Governing Body of the college as required under Rule 24 of the said 2010 Rules, noted above for the purpose of applying for other jobs or not.
8. Petitioner shall serve 2 (two) extra copies of this writ petition including the annexures appended thereto to Mr. K. Gogoi, learned Standing counsel, Higher Education Department, Assam by tomorrow, i.e., 10.05.2023, obtaining necessary acknowledgment from him in that regard.
9. List this matter on 15.05.2023 for motion.
10. Copy of this order be furnished to Mr. K. Gogoi, learned Standing counsel, Higher Education Department, Assam for his necessary use.
JUDGE Comparing Assistant