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3. An advertisement (Annexure-1), was issued by respondent No. 4, dated 21.03.2022, and published in the daily newspaper "Jugasankha", and others, inviting applications for appointment to the post of Assistant Professor in Political Science department, against 2 (Two) Sanction vacant posts; out of the said 2 (Two) posts, one is reserved for SC and the remaining one is unreserved. In the said advertisement, applications were also invited for the posts of Assistant Professor in Botany, English, Statistics and Persian. Prior to issuance of the advertisement dated 21.03.2022, the respondent No. 2 had earlier issued an advertisement for the same posts on 28.12.2020, but the said advertisement was cancelled due to certain reasons without holding any interview. And accordingly, the candidates who had applied in response to earlier advertisement, dated 28.12.2020, were directed not to apply afresh. The petitioner, having passed NET in the year 2016, securing marks at par with the qualifying cut off for SC category in the subject Political Science and being duly qualified for being appointed to the post of Assistant Professor in Political Science in Government/Provincialized Colleges in the state Assam and also belonging to scheduled caste community, applied for the post of Assistant Professor of Political Science (SC reserved). And accordingly, the respondent No. 5, by a letter dated 30.04.2022 (Annexure-2), informed the petitioner to appear before the interview board for the post of Assistant Professor, Department of Political Science, Srikishan Sarda College (S.S. College) on 19.05.2022 at 11:00 a.m. The petitioner had appeared in the interview as per letter dated 30.04.2022, on 19.05.2022, and did well. Against the said advertised post of Assistant Professor, Political Science (SC reserved & Roster point 36), total 13 candidates had applied for, but only 4 candidates, including the petitioner had appeared in the interview held on 19.05.2022 and remaining 9 candidates did not appear, as per attendance sheet of the candidates (Annexure-3). Then, during the process of interview the President of the Governing Body, SS College, by a letter dated 19.05.2022 (Annexure-5), inter- alia informed that the interview for the selection process of Assistant Professor (SC reserved & Roster point 36) in the department of Political Science dated 19.05.2022, remained inconclusive owing to the sudden flood havoc in the adjoining areas of Hailakandi and accordingly, decided to hold the same interview after the restoration of normalcy observing all necessary formalities at a convenient time. Then the petitioner was waiting for completion of the interview process, that was held on 19.05.2022, for selection and appointment to the post of Assistant Professor (SC reserved & Roaster point 36). But, without concluding the said interview, the respondent No. 4, the Governing Body of SS College took a resolution vide No. 5 (b) on 07.06.2022, whereby, it was resolved to hold a fresh interview for the said post of Assistant Professor (SC reserved & Roaster point 36) in the department of Political Science, by cancelling the earlier interview held on 19.05.2022 and the said resolution was issued by the Principal/Secretary, Governing body of SS College, Hailakandi on 28.07.2022 (Annexure-6).
It is also states that pursuant to the advertisement dated 21.03.2022, all other post in respect for subjects mentioned therein, the selection process have already been completed and the selected candidates were appointed in their respective posts, except however, the post of Assistant Professor of Political Science (SC reserved & Roaster point 36) wherein the petitioner has applied for and appeared before the interview board.
It is also stated that the said interview, dated 19.05.2022, was completed, but due to flood the interview was postponed and it remained inconclusive and as per the noting of the Chairman of the Selection Committee, the interview will be held when normalcy is restored. But, the respondent No. 3, vide impugned letter dated 15.07.2024, had directed the respondent No. 5 to take necessary initiative for fresh advertisement and interview for the said post of Assistant Professor (SC reserved & Roaster point 36) in the department of Political Science by cancelling the interview held on 19.05.2022, without considering the fact that the interview process was completed and the recommendation of the name of the selected candidates is required to be made, and as such the impugned letter dated 15.07.2024 (Annexure - 8) is liable to be set aside and quashed and that the respondent authorities are liable for a direction to complete the interview process held on 19.05.2022 and appoint these selected candidate for the post in question.
It is also stated that the action, on the part of the respondent No. 4, in taking a resolution vide no 5 (b) dated 07.06.2022, for holding a fresh interview for the post of Assistant Professor (SC reserved & Roaster point 36) in the department of Political Science and cancelling the interview held on 19.05.2024 for the said post in question is arbitrary, discriminatory, illegal and in violation of law and therefore, the same is liable to be set aside and quashed.
It is also stated that the petitioner had submitted a representation before the respondent No. 2, 3 and 4 on 20.07.2024 (Annexure-9), requesting inter-alia to complete the interview process which was held of 19.05.2022 and finalized the selection process for the post of Assistant Professor (SC reserved & Roaster point 36) in the department of Political Science in SS College, Hailakandi and also to withdraw the impugned letter dated 15.07.2024, issued by the respondent No. 3, but the same failed to evoke any response till date. It is also stated that no advertisement has been issued by the respondent authorities after issuance of the impugned letter dated 15.07.2024, for the Post of Assistant Professor (SC reserved) in Srikishan Sarda College, Hailakandi till date.
4. The petitioner had also filed one additional affidavit, bringing on record certain vital information supported by requisite documents, (Annexure - 13 and 14) pertaining to her case, which she had received through RTI application after filing of the Writ Petition. She also stated that pursuant to the advertisement, dated 21.03.2022, the selection process for all other posts in respect of the subjects mentioned therein have already been completed and the selected candidates were appointed in their respective posts barring the post of Assistant Professor of Political Science (SC reserved & Roaster point 36). In the Post of Assistant Professor in Political Science (General), though the numbers of total applicants were 23, only 4 applicants/candidates had appeared in the interview, which was held on 18.05.2022, and in the said selection process, one Ms. Annanya Paul was selected, and subsequently, appointed to the post. It is further stated by the petitioner that for the post of Assistant Professor in Political Science (SC reserved post), there were all total 13 applicants/candidates, out of which only 4 candidates appeared, including the petitioner, in the said interview held on 19.05.2022. But, unlike the Post of Assistant Professor in Political Science (General), result of interview held for the post of Assistant Professor in Political Science (SC reserved post) was not declared. Moreover, there was not a single complaint from any of the applicants expressing difficulties in appearing in the interview. Further, it is stated that she had submitted a representation before the respondent No. 2, on 13.03.2023 (Annexure - 15) praying for issuance of necessary direction to the respondent No. 5 to cancel the G.B. Resolution No. 5 (b), dated 07.06.2022, as regards interview for the post of Assistant Professor (SC reserved & Roaster point 36) in the department of Political Science in SS College, Hailakandi. Then the respondent No.2 vide his letter dated 10.04.2023, requested the respondent No. 5 to submit status report on the matter to him and accordingly, the respondent No.5 had submitted a status report (Annexure-7, page- 27 of the instant writ petition) on 30.05.2023. Surprisingly, even after taking into consideration the facts regarding completion of selection process for the post of Assistant Professor in Political Science (SC reserved post) as reflected in the Status Report submitted by the respondent No.5, the respondent No.2, in a most arbitrary manner, regretted the petitioner's representation dated 13.03.2023, vide order dated 14.03.2024 (Annexure- 16).