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2023 Supreme(Gau) 313

SANDEEP MEHTA, SUMAN SHYAM
Asha Rani Brahma W/o Sri Mriduraj Basumatary – Appellant
Versus
Binika Goyari, D/o Sri Katimal Goyary – Respondent


Advocate Appeared:
For the Appellant :Mr. K.N. Choudhury, Senior Advocate assisted by Mr. A. Upadhyay and Mr. N. Gautam, Advocates.
For the Respondents:Mr. U.K. Nair, Senior Advocate assisted by Mr. R. Dhar, Mr. R. Majumdar and Mr. B.C. Mushahary, Mr. S. Das, Standing Counsel, Higher Education Department, Assam, Ms. R.B. Bora, Standing Counsel, BTC., Mr. S.D. Roy, Advocate on behalf of Mr. A. Chamuah, Standing Counsel, UGC.

JUDGMENT & ORDER :

Sandeep Mehta, J.

This intra-court writ appeal is directed against the judgment/final order dated 08.11.2018 passed by the learned Single Judge in WP(C) No.2072/2017 whereby, the writ petition preferred by the respondent No.1 was accepted and the selection of the appellant herein (respondent No.10 in the writ petition) as an Assistant Professor, Department of Bodo pursuant to the advertisement dated 06.10.2015 issued by the Principal, Bijni College (Provincialised) was set aside.

2. The writ appellant (respondent No.10 in the writ petition) was placed at merit position No.1 whereas the respondent No.1/writ petitioner was placed at merit position No.2 pursuant to interviews held by the Selection Committee on 24.02.2016.

3. Being aggrieved, the respondent No.1 initially preferred a writ petition, WP(C) No.2564/2016 questioning the award of the first merit position to the writ appellant. The said writ petition, WP(C) No.2564/2016 was disposed of by the learned Single Judge vide order dated 09.12.2016 observing that the recommendations of the Selection Committee had not yet been forwarded by the Governing Body of the College to the Director of Higher Education, Assam who

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