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2014 Supreme(Gau) 475

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
B.K. SHARMA, J.
DR. RAJENDRA NATH BORPUZARI & ANR
VS
THE STATE OF ASSAM AND 5 ORS
WP (C) NO. 3483 of 2014
Decided on: 23/07/2014

Advocates:
Advocate Appeared:
For the petitioners: Mr. K.N. Choudhury, Sr. Adv., Mr. R. Dubey, Adv.
For the Respondents: Mr. S. Sumoria, SC, Agri., Mr. P. Kataki, SC, AAU, Mr. P.N. Goswami, Adv. for R/6.

Headnote:

Assam Agricultural University Act, 1968 - Section 19 - Selection Committee - Post of Vice Chancellor of University – Advertisement – Challenged - That petitioner No.1 is Principal Scientist at Dept. of Livestock Products Technology College of Veterinary Science, Assam Agricultural University, Khanapara, Guwahati -781022 and has done Ph.D in Veterinary Sciences (Meat Science and Technology) and has been Associate Professor in various College of Veterinary Science and has also completed Ad-hoc Research Projects as Principal Investigator, as Co-Principal Investigator and as Principal Investigator/Consortium Principal Investigator - Petitioner No.1 was also an Expert Member of Selection Committee at West Bengal University of Animal and Fishery Sciences, Kolkata and has published many Research Publications, Full Length Paper in Conference/Seminars, Abstracts in Conference/Seminars and Technical Bulletin/Extension Bulletin - Held, Selection Committee will have to recommend three names - It is only thereafter Chancellor will have to made appointment in consideration of same - Thus, there are ifs and buts, and respondent No. 6 may or may not be selected - Thereafter recommendation in his favour, if any, will again have to be gone into by Chancellor - If approved by the Chancellor and petitioners are aggrieved by same, subject however, legal issue that might be raised by others - It will also be open for petitioners to offer their candidatures without pre-judice to their rights and contentions – Directions issued- Writ petition disposed of.

Judgment

1. The petitioners presently working in Assam Agricultural University have filed this writ petition challenging the Annexure-2 advertisement dated 27/06/2014 inviting applications for the post of Vice Chancellor, Assam Agriculture University. For a ready reference, the said advertisement is quoted below :-

“APPOINTMENT OF

VICE CHANCELLOR OF ASSAM AGRICULTURAL UNIVERSITY

Selection Committee constituted by the Governor of Assam and Chancellor of Assam Agricultural University (AAU) vide GSA.90/2008/169 dated 19/05/2014, invites applications for the post of Vice Chancellor, Assam, Agricultural University, from eminent scientists, academicians and administrators with background of Agriculture, Veterinary and Fishery Education, Research and Extension with ten years experience and proven leadership and administrative capabilities as provided for in the Assam Agricultural University Act 1968.

The tenure for the post of Vice Chancellor is 5(five) years subject to the maximum age as is prescribed or may be prescribed under the relevant Act. Persons having age nor more than 64 years as on the date of this advertisement can apply.

Interested individuals may send four hard copies of application and a soft copy giving details resume, along with vision statement for the university. Names and address of three distinguished individuals well acquainted with the work of the applicant shall also be mentioned.

Applications may be sent to :

Sri Sudeep Chakraborty

Deputy Secretary to the Governor of Assam,

Rajbhavan, Gauhaty (ASSAM).

so as to reach the addressee on or before 15th July 2014, Name of the post & name of the University should be written on the envelope. Applications received after the due date shall not be considered.

If considered necessary by the committee, short-listed candidates may be invited for a personal interaction, for which no TA/DA will be paid.

The Committee may not limit its selection to the applications received in response to the advertisement and reserves the right to consider any other eligible person for the post.

Date : 27th June 2014 Sd/-

CHAIRMAN, SELECTION COMMITTEE”

2. The petitioners have identified themselves in the writ petition as follows :-

“2. That the petitioner No.1 is the Principal Scientist at the Dept. of Livestock Products Technology College of Veterinary Science, Assam Agricultural University, Khanapara, Guwahati -781022 and has done Ph.D in Veterinary Sciences (Meat Science and Technology) and has been the Associate Professor in various College of Veterinary Science and has also completed Ad-hoc Research Projects as Principal Investigator, as Co-Principal Investigator and as Principal Investigator/Consortium Principal Investigator. The petitioner No.1 was also an Expert Member of the Selection Committee at the West Bengal University of Animal and Fishery Sciences, Kolkata and has published many Research Publications, Full Length Paper in Conference/Seminars, Abstracts in Conference/Seminars and Technical Bulletin/Extension Bulletin.

3. That the Petitioner No.2 is the Principal Scientist at the Directorate of Weed Science Research centre, Jorhat Centre in the Department of Agronomy, Assam Agricultural University, Jorhat-13, Assam. The Petitioner No. 2 has completed & received his Ph.D Degree in Agronomy with Minor in Soil Science & supporting in Agricultural Statistics from Assam Agricultural University, Jorhat in the year 1998 and has been working in the Assam Agricultural University since 1988. The petitioner No.2 has been holding various posts in the said University viz. Junior Scientist (Agronomy), Associate Professor (Agronomy), Senior Scientist (Agronomy), Principal Scientist (Agronomy) etc.”

3. As stated in the writ petition, the respondent No. 6 is going to retire on 25/07/2014 as Vice Chancellor of the University on completion of 5(five) years tenure. A Selection Committee has been constituted for appointment of the successor Vice Chancellor vide notification dated 19/05/2014 (Annexure-1). Be i



































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