BINIKA GOYARY Vs. STATE OF ASSAM
LAWS(GAU)-2018-11-151
HIGH COURT OF GAUHATI
Decided on November 08,2018

Binika Goyary Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

S.SERTO, J. - (1.) Heard Mr. Dhar, learned counsel for the petitioner and Mr. P. Upadhyay, learned counsel for the respondent No. 10. Heard also Mr. A. Chamuah, learned Standing Counsel for the respondent No. 6 (UGC) and Ms. R. B. Bora, learned Standing for the respondent Nos. 3 and 5 and Mr. K. Gogoi, learned Standing Counsel, for the Higher Education Department.
(2.) Pursuant to an Advertisement published in the Assam Tribune on 06.10.2015 by the Principal, Bijni College, (Provincialised) inviting applications from eligible candidates for filing up 1(one) post of Assistant Professor (Bodo), a total No. of 23 candidates including the writ petitioner and the respondent No. 10 applied for the same and appeared in the interview, which was held on 24.02.2016. The interview was conducted by a selection committee comprising of 8(eight) members. After the interview was completed the respondent No. 10 was placed at No. 1 position and the petitioner was placed at No. 2 by the selection committee. Not being satisfied with the result of the interview the petitioner through RTI obtained the minutes of the selection Committee held on 24.02.2016, the penal prepared by them and the marks given to the three toppers. The same is reproduced here below;- "Meeting of the selection committee for selection of candidate for the post of Assistant Professor, Department of Bodo, Bijni College. Date- 24.02.2014 Time- 10.00 AM Place- Principals Office Chamber. Members present:- 1) Birhash Giri Basumatary Sd/- 2) Dr. Mangal Singh Hazoary Sd/- 3) Dr. Anil Kumar Boro Sd/- 4) Dr. Dinanath Basumatary Sd/- 5) Dr. Ada Ram Basumatary Sd/- 6) Mr. Gwgwm Brahma Kachary Sd/- 7) Kameswar Deka Sd/- 8) Dr. Pramathesh Bayan Sd/- A meeting of the selection committee for selection of a candidate for the post of Assistant Professor, Department of Bodo, Bijni College is held to-day i.e. on 24.02.2016 in the Principals Chamber Sri Kameswar Deka, Chairman of the Selection Committee presides over the meeting in presence of other members of the selection committee. Member Present - 1). Birhash Giri Basumatary - Secretary Principal, Bijni College. 2). Dr. Pramathesh Bayan, -Member Vice Principal, Bijni College (G.B. Member) 3). Dr. Anil Boro, Assistant Prof. Deptt of Folklore - Member G.U. (V.C.'s nominee) 4). Dr. Dinanath Basumatary -Member Director, College Dev. Council Bodoland Union, Kokarajhar (V.C.'s nominee) 1) Dr. Adaram Basumatary, Associate Prof. -Member Deptt. Of Bodo, Janata College, Serfanguri (V.C.'s nominee as subject expert) 2) Dr. Mangalsing Hazowary, Retd. Principal -Member Kokrajhar Govt. Teachers Training College (G.B.Member) 3) Sri Gwgwm Brahma Kochary -Member HOD, Deptt., of Bodo, Bijni College. The meeting discusses about the interview reports held by the selection committee today i.e. on 24.02.2016 and on the basis of the interview reports the selection committee prepares a panel of candidates for appointment. 1) Asha Rani Brahma 2) Binika Goyary 3) Guddu Prasad Basumatary The selection committee also resolves to forward the panel of the qualified candidates to the Governing Body of the college for approval and necessary action. Thus the meeting ends with the vots of the thanks from the chair. Sd/- Kameswar Deka President, Selection Committee". [Typed Copy] Relevant Portion Statement of results for selection of candidate for the assistant professor of bodo department, Bijni college on the basis of interview held on 24.02.2016.
(3.) Thereafter, the petitioner filed a writ petition before this court being WP (C) No. 2564/2016 challenging the legality and validity of the selection process. The writ petition was disposed of on 09.1.22016. The court was of the view that since the recommendation of the selection committee has not been forwarded by the governing body of the college to the Director of Higher Education who will take the decision to accept the same or not the matter should be considered by the governing body of the college and the Director Higher Education and to take a decision based on the relevant laws as and when the recommendation is received. Accordingly, it was directed as such. When the order was submitted before the Director Higher Education the petitioner was informed that since the college falls under the jurisdiction of Bodo Territorial Council the subject matter is under the domain of Director Higher Education (BTC). Following received of the information the petitioner filed a review petition before this court praying for impleadment of the Director Higher Education, BTC. After hearing the parties this court on 27.01.2017 disposed the Review Petition No. 3/2017 by impleading the Director of Education, BTC and issued the same direction as was issued in the writ petition. After receiving a copy of the order passed in the writ petition and the review petition the Director of Education, BTC passed the impugned order dated 29th March, 2017 wherein, the Director accepted the recommendation of the selection committee forwarded by the governing body of the college and decided to forward the same to the BTC authority for approval and appointment of the respondent No. 10. Being aggrieved,the petitioner has, once again come to this court challenging the recommendation of the selection committee and the order dated 29th March, 2017 of the Director of Education, BTC. The order dated 29.03.2017 is reproduced hereby;- "Government of Assam Office of the Director of Education, B.T.C.::::::::::Kokrajhar Order Dated Kokrajhar 29th March/2017 Read the Hon'ble Gauhati High Court's order dtd. 09.12.2016 passed in the case No. WP(C) 2564/2016 and Order dtd. 27.01.2017 filed by Mrs. Binika Gayary Vs. the State of Assam and Others which was disposed of with a direction to the Governing Body of Bijni College and as well as the Director of Education, BTC to take appropriate decision for selection of candidates for appointment of Asstt. Professor in the deptt. Of Bodo against the vacant sanctioned post as per the Assam College Employees (provincialisation) Rules, 2010. Heard the GB members, the Petitioner and Respondents No. 6 dtd. 24.03. 2017 at the Office Chamber of the Director of Education, BTC. Also read the particulars alongwith its enclosures submitted by the Principal of Bijni College vide his letter No. BC/2(A)Bodo/2016/13443 dtd. 26.12.2016 where is it is seen that as per report of the Selection Committed (interview) the Resolutions was adopted vided No. 3 by the Governing Body of Bijni College in its meeting held on 29.02.2016 and Resolution No. 2 dtd. 17.02.2017 recommended the name of candidate Mr.s. Asha Rani Brahma, MA who secured the 1st position in the Interview panel for appointment as Asstt. Professor against the vacant post. The petitioner Mrs. Binika Gayary, MA who appeared in the same Interview on 24.02.2016 and she filed writ petition in the Hon'ble Gauhati High Court challenging the selection of candidate against this post. She complained the Mrs. Asha Rani Brahma joined as regular scholar in the Ph.D. programme as J.R.F w.e.f. 2708-2013 for the Session, 2013-14 and doing her Research under supervision of Dr. Indira Bro, faculty member of the deptt. Of Bodo, Bodoland University, Kokrajhar. So her teaching experience is 3(three) years. It is contended that under the head "Teaching Experience" respondent No. 6 was allotted 8(eight) marks instead of 6(six) marks. Both of them were awarded 2(two) marks per year by the members of the Selection Committee. Further also read and perused the Resolution No. 2 of the Governing Body meeting held on 17.02.2017 and the report of the Principal it is stated that Mrs. Asha Rani Brahma has been regularly attending the College during JRF period. The Selection Committed don't know about her doing JRF (Ph.D.). Mrs. Binika Goyary also have not denied that Respondent Mrs. Asha Rani Brahma have been regular in attending College during the JRF period. Mrs. Asha Rani Brahma have been working in the post of Asstt. Professor in the deptt. of Bodo on contractual basis in the Bijni College continuously from 10.08.2010. Also perused the learned legal opinion of BTC Standing Counsel of the Hon'ble Gauhati High Court dtd. 28.03.2017 who has advised to approve the respondent No. 6 for appointment in the post of Asstt. Professor in the deptt. of Bodo of Bijni College. Consequent upon the above facts and circumstances it is affirmed that Mrs. Asha Rani Brahma (Respondent No. 6) is duly selected by the Selection Committee and the Governing Body of the College also recommended the said candidate as per provision of Rules and procedures. As such the proposal alongwith necessary particulars may be forwarded to the BTC authority for necessary Administrative Approval for appointment of the said candidate. With the Hon'ble Gauhati High Court's Order dtd. 09.12.2016 passed in case No. WP (C) 2564/2016 and Order dtd. 27.01.2017 is complied with and accordingly disposed of in terms of the above observation. Sd/- Sri R.S. Borgayari Director of Education Bodoland Territorial Council, Kokrajhar". ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.