Gauhati High Court
Md. Helal Ahmed vs The State Of Assam And 4 Ors on 25 February, 2021
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/3
GAHC010180762020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5390/2020
MD. HELAL AHMED
S/O. LT. ABDUL HOQUE, VILL. AND P.O. KANISHAIL, DIST. KARIMGANJ,
ASSAM, PIN-788711.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM,
EDUCATION DEPTT.
2:THE DIRECTOR
HIGHER EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19.
3:THE DY. COMMISSIONER
DIST. HAILAKANDI
ASSAM.
4:THE PRINCIPAL
PANDIT DEENDAYAL UPADHYAYA GOVT. MODEL COLLEGE
KATLICHEERA
HAILAKANDI
P.O. SULTANICHEERA
DIST. HAILAKANDI
ASSAM
PIN-788162.
5:NABAJYOTI BHATTACHARJEE
C/O. MANJUSHREE BHATTACHARJEE
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P.S. AND P.O. TARAPUR
SHAILASHREE LANE
TARAPUR-7
DIST. CACHAR
ASSAM
PIN-788002
Advocate for the Petitioner : MR F Z MAZUMDER
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 25-02-2021 Heard Mr. F.Z. Mazumder, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned counsel for the Higher Education Department, Mr. S.R. Barua, learned counsel for the respondent No.3 and Mr. B. Purakayastha, learned counsel for the respondent No.5.
The petitioner offered his candidature for the post of Assistant Professor in Mathematics pursuant to the Advertisement No.01/2020 of the Principal Pandit Deendayal Upadhyaya Govt. Model College, Katlicherra, Hailakandi.
It is stated that the post of Assistant Teacher in Mathematics pursuant to the said advertisement is reserved for unreserved-EWS category. The petitioner has raised the objection to the candidature of the respondent No.5 on the ground that he does not belong to the unreserved category inasmuch as when the said candidate had offered his candidature pursuant to the advertisement for the post of Assistant Professor in Mathematics in the Behali Degree College, the list of candidates prepared by the said college shows that the respondent No.5 to be belonging to OBC category. It being the only grievance raised by the petitioner we required the Higher Education Department of the Govt. of Assam to produce the records pertaining to the advertisement issued by the Behali Degree College so as to verify as to whether pursuant to the said advertisement the respondent No.5 had offered his candidature as an OBC candidate.
Mr. K. Gogoi, learned counsel for the Higher Education Department has produced the records pertaining to the selection process in Behali Degree College including the application form of the respondent No.5. A perusal of the application form of the respondent No.5 reveals that he had applied as a general candidate and not as OBC candidate.
Page No.# 3/3 As the respondent No.5 had offered his candidature in the Behali College also as a unreserved candidate, we do not find any further requirement to pursue with the petition.
Writ petition stands closed. Interim order, if any, passed earlier stands vacated.
JUDGE Comparing Assistant