SHAH JALAL BHUYAN AND 7 ORS S/O AHDUS SALTAN BHUYAN Vs. STATE OF ASSAM AND ORS REPRESENTED BY COMMISSIONER AND SECRETARY TO GOVT OF ASSAM
LAWS(GAU)-2018-1-190
HIGH COURT OF GAUHATI
Decided on January 18,2018

Shah Jalal Bhuyan And 7 Ors S/O Ahdus Saltan Bhuyan Appellant
VERSUS
State Of Assam And Ors Represented By Commissioner And Secretary To Govt Of Assam Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. UK Nair, learned Senior counsel for the petitioner. Also heard Mr. K Gogoi, learned Standing counsel, Higher Education Department.
(2.) The petitioners, herein, were all appointed in different colleges against certain non-sanctioned posts. The petitioner No.1, 2 and 4 were appointed in the West Goalpara College in the Department of Philosophy, whereas petitioner No.3 was appointed in the Bhawanipur Anchalik College, Bhawanipur in the Department of Education. The petitioner Nos. 5 and 6 were appointed in Biswanath College, Sonitpur in the Department of Statistics and further the petitioner Nos.7 and 8 were appointed in LOKD College, Dhekiajuli, Sonitpur in the Department of Philosophy.
(3.) A common factual position in the appointment of all the petitioners is that all of them were appointed against a non-sanctioned post, meaning thereby, appropriate post in the concerned Department in the respective Colleges were not available at that relevant point of time, when the petitioners were appointed. The Govt. of Assam in the Higher Education Department had issued an Office Memorandum dated 17.07.2004, which provides that as the State Government is not in a position to sanction any new post for the Colleges to accommodate the College Teachers, who are serving against non-sanctioned posts, a decision was taken that available vacant sanctioned post in any other Department of the concerned College or any other Colleges would be utilized for the purpose of regularization of such College Teachers, who were appointed and are serving against nonsanctioned posts. The said Office Memorandum, proceeds on the premises that the concerned College Teachers were appointed by the respective Governing Body of the Colleges on need basis as per the UGC guidelines and that the Government has also accorded concurrence to the subject/posts against which they were appointed.;


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