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2022 Supreme(Gau) 163

N.KOTISWAR SINGH, NANI TAGIA
Biswajit Sarma, Son of Late Dugdha Nath Sarmah – Appellant
Versus
Gauhati University, Represented by the Vice Chancellor – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. U.K. Nair, Mr. P. Saikia, Ms. M. Das, Advocate.
For the Respondent: Mr. K.N. Choudhury, Mr. P.J. Phukan, Mr. K. Gogoi, Standing Counsel, Education (Higher) Department.

JUDGMENT :

N.Kotiswar Singh, J.

Heard Mr. U.K. Nair, learned senior counsel assisted by Mr. P. Saikia, learned counsel for the appellant. Also heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. P.J. Phukan, learned Standing Counsel, Gauhati University appearing for respondent Nos.1-3 and Mr. K. Gogoi, learned Standing Counsel, Education (Higher) Department appearing for respondent No.4.

THE ISSUE

2. The moot question to be decided in this writ appeal, arising out of the judgment and order dated 25.02.2022 passed in WP(C) No.1447/2021 is, of the true nature of the appointment of the appellant to the post of Director, College Development Council of the Gauhati University.

The writ appellant contends that the appointment is of permanent nature and as such, termination of his service by the University authorities by treating the post to be a tenure post is ex-facie-illegal.

On the other hand, the case of the respondent Gauhati University is that the said appointment is a tenure one, restricted in time and thus, terminable on completion of 5 (five) years period.

BRIEF FACTS

3.

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