GOPAL CHANDRA BARMAN Vs. STATE OF ASSAM AND OTHERS
LAWS(GAU)-2018-3-64
HIGH COURT OF GAUHATI
Decided on March 15,2018

Gopal Chandra Barman Appellant
VERSUS
State of Assam and Others Respondents

JUDGEMENT

Hrishikesh Roy, J. - (1.) Heard Mr. M.U. Mondal, the learned counsel appearing for the petitioner. The respondent Nos.1 & 2 are represented by Mr. K.K. Gogoi, the learned standing counsel for the Department of Higher Education. Mr. L. P. Sarma, learned standing counsel for the Gauhati University, represents the respondent No.4, while Mr. A. Chamuah, as the standing counsel for the UGC, represents the respondent No.5. For the Union of India, Mr. S.S. Roy, the learned Central Govt. counsel appears. There is no representation from the side of the respondent Nos.6- 12, although they have filed their counter affidavit on 31.5.2013, through learned Advocate Mr. H. Rahman.
(2.) This is an inter-se seniority dispute amongst the Lecturers (now Asstt. Professors), in the Damdama College of Kamrup (R) District and the primary challenge of the petitioner is to the resolution dated 17.2.2010 (Annexure-32), whereby the Governing Body resolved to appoint Tapanjit Raj Konwar (respondent No.8), as the Vice Principal of the College. According to the petitioner, he ranks higher in seniority and therefore, is more deserving of the post of Vice Principal.
(3.) The Damdama College was brought under the under the Deficit-grant-in-aid scheme, w.e.f. 1.7.1989. Since then, such colleges have been provincialised under the Assam College Employees (Provincialisation) Act, 2005 (hereinafter referred to as "the Provincialisation Act").;


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