BRISTI DUTTA Vs. STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-12-39
HIGH COURT OF GAUHATI
Decided on December 13,2018

Bristi Dutta Appellant
VERSUS
State Of Assam And 5 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Ms. D. Borgohain, learned counsel for the petitioner in WP(C) 8057/2017 and Mr. P.P. Dutta, learned counsel for the petitioner in WP(C) 1503/2018 as well as Mr. R. Dubey, learned counsel for the authorities of DCB Girl's College, Jorhat and Mr. S.P. Bhattacharjee, learned counsel appearing for the Higher Education Department.
(2.) In WP(C) 8057/2017, the award of marks by the selection committee in the selection process for the post of Assistant Professor of Geology in the College has been assailed on the ground that under the criteria presentation of paper, the respondent No.6 therein (writ petitioner of WP(C) 1503/2018) was given 5 marks, whereas, according to the petitioner, it ought to have been 2 marks. In WP(C) 1503/2018, the marks given to the respondent No.6 therein (writ petitioner in WP(C) 8057/2017) under the criteria teaching experience has been assailed on the ground that for a part of the teaching experience presented by the said respondent, she did not have the required minimum qualification and therefore, the said part of the teaching experience is to be excluded from being considered. As the allegation of both the writ petitioners is as regards the award of marks by the selection committee in respect of the respective criterias, the Court is of the view that the ends of justice would be met if the grounds taken by the respective petitioners for assailing the marks given to the other candidates is re-considered by the selection committee and arrive at their own independent decision afresh by taking the decision denovo.
(3.) As pointed out, the allegation of the petitioner in WP(C) 8057/2017 is that the writ petitioner in WP(C) 1503/2018 has only one acceptable paper presentation and therefore, only two marks could have been given, whereas, the selection committee had given 5 marks. On the other hand, the writ petitioner in WP(C) 1503/2018 raises a contention that for a part of the teaching experience of the writ petitioner in WP(C) 8057/2017, she did not have the required educational qualification and therefore, the said part of the teaching experience ought not to be included for the purpose of award of marks against the criteria of teaching experience.;


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