Gauhati High Court
Jayashree Deka vs The State Of Assam And 5 Ors on 3 March, 2021
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/3
GAHC010037712021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1365/2021
JAYASHREE DEKA
W/O. SRI RANJAN JYOTI BEZBARUAH, VILL. KHEHENIPARA, P.O. BEZERA,
P.S. BAIHATA CHARIALI, DIST. KAMRUP, PIN-781121, ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
EDUCATION (HIGHER), DISPUR, GUWAHATI-06.
2:THE DIRECTOR OF HIGHER EDUCATION
KAHILIPARA
GUWAHATI-19.
3:THE PRINCIPAL NOWGONG GIRLS COLLEGE
NAGAON
P.O. AIBHETI
NAGAON
DIST. NAGAON
PIN-782002
ASSAM.
4:THE GOVERNING BODY OF NOWGONG GIRLS COLLEGE
NAGAON
REP. BY ITS PRESIDENT
P.O. AIBHETI
NAGAON
DIST. NAGAON
PIN-782002
ASSAM.
5:THE INTERVIEW BOARD FOR INTERVIEW FOR THE POST OF ASSTT.
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PROFESSOR
PHILOSOPHY REP. BY ITS CHAIRMAN CUM PRESIDENT GOVERNING
BODY
NOWGONG GIRLS COLLEGE
NAGAON
P.O. AIBHETI
NAGAON
DIST. NAGAON
PIN-782002
ASSAM.
6:MANASHI BORAH
C/O. PRINCIPAL
NOWGONG GIRLS COLLEGE
NAGAON
P.O. AIBHETI
NAGAON
DIST. NAGAON
PIN-782002
ASSAM
Advocate for the Petitioner : MR. J C GOGOI
Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
03.03.2021 Heard Mr. JC Gogoi, learned counsel for the petitioner and Mr. K Gogoi, learned counsel for the Higher Education Department of the Government of Assam. Considering the limited relief sought for in this writ petition for a direction to dispose of a representation submitted by the petitioner on 21.11.2020, we deem it appropriate that the respondent Nos. 3, 4, 5 and 6 although arrayed in the writ petition, are not necessary parties and the said respondents stand deleted from the array of respondents.
2. The petitioner participated in a selection process pursuant to an advertisement dated 12.08.2020 issued by the Principal, Nagaon Girls College, amongst others, for the post of Assistant Professor in Philosophy. In the resultant process, Dr. Manoshi Bora was declared to be the successful candidate. The petitioner is aggrieved to the extent that certain marks were Page No.# 3/3 incorrectly given to the said candidate Dr. Manoshi Bora in respect of publication of research papers in a situation where according to the information obtained by the petitioner under the RTI Act, no such research papers were published. Further, the petitioner also has a grievance that incorrect marks had been awarded to the said person in respect of the criteria ' teaching experience'. In the resultant situation, the petitioner has submitted a representation dated 21.11.2020 before the Director of Higher Education, Assam. The grievance raised in this writ petition is that in spite of the said representation having been submitted, the Director has not given a consideration to it.
3. In view of the limited prayer being made for a direction to the Director of Higher Education, Assam to consider the representation of the petitioner dated 21.11.2020 and pass a reasoned order thereon, we are inclined to accept that the interest of justice would be met if such a direction is issued. As we are not observing anything on merit on the claim made by the writ petitioner, we accordingly deem it appropriate that the other respondents who are already been deleted would not be a necessary party and if the Director while disposing the represntation of the petitioner is of the view that such respondents are required to be consulted or heard, it would be for the Director to do so by following the appropriate procedure.
4. In the circumstance, the writ petition is disposed of by directing the Director of Higher Education, Assam to give a consideration to the representation of the petitioner dated 21.11.2020 and pass a reasoned order thereon. In doing so, the Director may give a personal hearing to the petitioner and if necessary, a hearing may also be given to the other candidate Dr. Manoshi Bora as well as to the authorities of the Nagaon Girls College. Upon such consideration, a reasoned order be passed by the Director preferably within a period of fifteen days from the date of receipt of a certified copy of this order.
The writ petition is disposed of in the above terms.
JUDGE Comparing Assistant