Gauhati High Court
Dr. Amad Uddin vs The State Of Assam And 10 Ors Represented ... on 14 December, 2023
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GAHC010024532021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/865/2021
DR. AMAD UDDIN
S/O LATE IRMAN ALI,
R/O VILL. AND P.O. CHANGMAJI, DIST. HOJAI, ASSAM, PIN 782440
VERSUS
1: THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE
COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
(HIGHER) DEPTT., DISPUR, GUWAHATI 781006
2:THE DIRECTOR OF HIGHER EDUCATION
ASSAM KAHILIPARA GUWAHATI 781019
3:THE GOVERNING BODY OF KALIABOR COLLEGE
REPRESENTED BY THE PRESIDENT OF THE GOVERNING BODY
KALIABOR COLLEGE KALIABOR DIST. NAGAON ASSAM PIN 782137
4:THE SELECTION COMMITTEE FOR THE POST OF ASSTT. PROFESSOR
(BOTANY) REPRESENTED BY THE SECY. CUM PRESIDENT OF KALIABOR
COLLEGE KALIABOR NAGAON DIST. NAGAON ASSAM PIN 782137
5:THE PRINCIPAL, KALIABOR COLLEGE
KALIABOR NAGAON DIST. NAGAON ASSAM PIN 782137
6:PRABHAT GOSWAMI, PRESIDENT
GOVERNING BODY KALIABOR COLLEGE
KALIABOR NAGAON DIST. NAGAON ASSAM PIN 782137
7:PROF. DANDADHAR SARMA
DEPTT. OF ZOOLOGY GAUHATI UNIVERSITY GUWAHATI 781014
8:PROF. BHABEN TANTI
DEPTT. OF BOTANY GAUHATI UNIVERSITY GUWAHATI 781014
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9:DR. KRISHNA MEDHI
HEAD OF BOTANY DEPTT. NOWGONG COLLEGE
NAGAON ASSAM 782001
10:DR. BASISTHA KALITA
HEAD OF THE DEPTT. OF BOTANY KALIABOR COLLEGE
KALIABOR NAGAON DIST. NAGAON ASSAM PIN 782137
11:MS. DEBAJANI SAIKIA
ASSTT. PROFESSOR DEPTT. OF BOTANY SUREN DAS COLLEGE
HAJOP.O. HAJO DIST. KAMRUP ASSAM PIN 78110
Advocate for the Petitioner : MR J ABEDIN
Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 14-12-2023 Heard Mr. J. Abedin, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned standing counsel, Education (Higher) Department, representing the respondent Nos.1 & 2 and Mr. K.R. Bora, learned counsel representing the respondent Nos.3, 4, 5, & 6.
Mr. K.R. Bora, learned counsel representing the respondent Nos.3, 4, 5, & 6 has submitted that the College Authorities in pursuance to a purported direction by the Director of Higher Education dated 03.12.2022 had issued an advertisement on 03.03.2023 and the selection process thereon was taken to its logical conclusion and a person has been appointed against the post of Assistant Professor (Botany).
The said action of the College Authorities is contemptuous - (i) on the ground that this Court had barred any second advertisement from being issued in the matter and that the said order is still holding the field, and (ii) further the College Authorities in their affidavit filed before this Court have contended that Page No.# 3/3 the post in question being a supernumerary post, no fresh appointment can be made against the said post. Accordingly, the selection process was cancelled.
The incumbent Principal of Kaliabor College shall remain personally present before this Court at 10:30 AM on 18.12.2023 and explain to the Court as to why contempt proceedings be not drawn against him and the Authority of the College, including the President, for having violated the express direction passed by this Court and the stand taken in the affidavit by the College Authority themselves.
On the next date fixed, the Principal shall also produce before this Court the relevant order(s) received from the Government permitting the College to continue with the post, because the post was originally contended to be a supernumerary post. The orders that may have been received under the provisions of Section 21(2) of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 shall also be produced before this Court on the next date of listing.
No formal notice is required to be sent to the incumbent Principal of Kaliabor College and the information about the requirement for him to remain personally present before this Court at 10:30 AM on 18.12.2023 having been passed in presence of Mr. K.R. Bora, learned counsel representing the said respondent, it is the duty of Mr. Bora to ensure that the incumbent Principal appears before this Court at 10:30 AM on 18.12.2023.
JUDGE Comparing Assistant