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~ 22 ~ Ref.:- Letter No. G(B) Misc.65/2009/203 dated 12-08-2011, No. G(B)Misc. 65/2009/206 dated 12-09-2011 and No. G(B)CC.47/2011/75, dated 18-11-2011.

Sir, With reference to the subject cited above, I would like to state that long 4(four) years of time has been already passed but you have not completed the selection process of the Principal of Pragjyotish College, Guwahati. As a result of which the academic and administrative atmosphere of the college is immensely hampered and the same cannot be allowed to be continued in the greater interest of the institution.

46) From the above it is seen that only for the purpose of transfer of the Review Petitioner Dr. Suranjan Sarma, the relevant file was opened & processed. Moreover, from the said note it can be seen that the DHE was fully aware about ~ 25 ~ the proceedings of said W.P(C) No. 6329/2011 (Dr. Paramananda Mazumdar - Vs- State of Assam and others) and its dismissal on 09.02.2015 as well as that of WP(C) No. 1706/2015 (Dr. Ranjan Kumar Bora -Vs- State of Assam and others), which is pending. But, from the said note and impugned decision of the DHE, Assam, on the basis of which the State respondents contended that the impugned letter dated 201.11.2015 was issued by the DHE regarding withdra+- wal of permission to advertise the post of Principal of the College; it can be seen that there was no material before the DHE regarding hampering of academic and administrative atmosphere in the Pragjyotish College, Guwahati in absence of regular Principal in the said College and the records produced by the State respondents did not contain any such report against the Pragjyotish College authority. The DHE, who was present in the Court, when asked about it, failed to show and produce any report regarding adverse/fault finding report of the College in question. Moreover, records of the case clearly reveals that before taking the impugned decision and before issuance of the impugned letter dated 20.11.2015, the authorities of the Pragjyotish College were neither served with any notice nor any opportunity of hearing were given to them. Had the College authority been given a chance by the DHE; it could have placed the reasons, if any, for not completing the selection process regarding the post of Principal in the said College, including the adjudication of the above noted proceedings pending before the Court, involving the College in question.

50) The three letters under reference in the letter dated 18.11.2011 that has been purportedly withdrawn by the impugned letter dated 20.11.2015, noted above in Para-43, it can be seen that it was the Government's decision to fill up the post of Principal in provincialised Colleges including the College in question. In his proposal dated 20.11.2015 to transfer the Review petitioner Dr. Suranjan Sarma, Principal M.K. College, Chenga, Barpeta to Pragjyotish College, Guwahati, the Director is totally silent regarding the impugned letter dated 20.11.2015 by which he withdrew the permission that he accorded on 18.11.2011 to the President of Pragjyotish College, Guwahati to advertise the vacant post of Principal of said College, Guwahati. Those three referred letters of the letter dated 18.11.2011 and the Government order dated 14.08.2013 does not reflect regarding any condition put forward by the Government and/or DHE to complete the selection process of the post of Principal in the College in question within specified time; rather by those letters and order, respectively, the President of the GB of the College was requested to fill up the vacant post of Principal of the provincialised colleges concerned including the College in question by following and observing due and all required procedures laid down in the Assam College Employees (Provincialisation) Rules, 2010, Notification No. ~ 29 ~ AHE.186/2011/9, dated 04.07.2011 and the UGC Regulations No.F.3-1/2009, dated 30.06.2011.

61) For the aforesaid reasons, the Review Petition No. 64/2016 in I.A. No. 2664/2015 arising out of WP(C) No. 1706/2015 being devoid of merit stands dismissed.

62) It is hereby directed that the Governing Body of Pragjyotish College, Guwahati shall complete the selection process for the post of regular Principal of said college initiated by the Advertisement dated 05.12.2011 on or before 30.11.2016 following the provisions of the Assam College Employees (Provincialisation) Act, 2005, Assam College Employees (Provincialisation) Rules, 2010 and other Government Rules & procedure and the UGC norms, circulars and guidelines for the said purpose as applicable on 05.12.2011 and further, the Governing Body of said Pragjyotish College by 05.12.2016 shall recommend the selected candidate, selected by the Selection Committee duly constituted by the Governing body of the College to the Director of Higher Education, Assam; who in turn shall issue the necessary order of appointment to the concerned selected and recommended candidate to the post of Principal of Pragjyotish College on or before 31.12.2016.