The composition of selection committees for academic positions must meet statutory requirements; violations permit candidates to challenge the process, regardless of their participation.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. P.J. Phukan, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Standing counsel for the respondent Nos. 1, 2 and 3; Mr. R. Mazumdar, learned Standing counsel for the respondent No. 4 and Mr. P.P. Dutta, learned counsel for the respondent No. 5 and Mr. P. Saikia, learned counsel for the respondent No. 6.

2. By this common Judgment and Order, it is proposed to dispose of these two writ petitions, being WP(C) No. 2653/2023 and WP(C) No. 3298/2023, filed by the same petitioner, namely, Dr. Gitali Saikia, as the issues involved in both the petitions are same and the parties are also identical.

3. In WP(C) No. 2653/2023, the petitioner, namely, Dr. Gitali Saikia, has challenged the selection of the respondent No. 6, namely, Dr. Birinchi Kumar Bora to the post of Principal, H.C.D.G. College, Nitaipukhuri, Sivasagar and to set aside and quash the selection list, so prepared, pursuant to the interview held on 18.04.2023, and also to hold fresh selection process for the abovementioned post as per relevant Rules and guidelines.

3.1. And in WP(C) No. 3298/2023, the petitioner, Dr. Gitali Saikia has prayed for setting aside the order dated 20.05.2023, passed by the respondent No. 2, being Memo No. DHE/CE/AC/PI/259/23/141-A, whereby the respondent No. 6 has been appointed as Principal of H.C.D.G. College, Nitaipukhuri, Sivasagar, and also to declare and adjudge the selection as unconstitutional and violative of Rules and procedure laid down in the Assam College Employees (Provincialisation) Rules, 2010, and also to set aside the select list prepared pursuant to interview held on 18.04.2023, and also to hold fresh selection for the post of Principal.

Background facts:-

4. The background facts, leading to filing of the present petitions, are briefly stated as under:

“The petitioner, Dr. Gitali Saikia was appointed as Lecturer in the English Department in H.C.D.G. College, Nitaipukhuri and accordingly, she joined on 01.12.1995. During the course of her service in the said department, she was promoted to the post of Head of the Department in English on 01.12.2009 and she has a teaching experience of 27 years with many published books and research papers. Thereafter, an advertisement was published on 07.03.2023, for filling up the post of Principal in H.C.D.G. College, Nitaipukhuri and accordingly, having fulfilled the requisite qualification and experience, she applied for the post and appeared in the interview on 18.04.2023 and altogether, three candidates applied for the said post and she faired well in the interview. Thereafter, the petitioner came to know that the selection committee was not constituted as per Rules by obtaining reply in RTI application and then, she had submitted an application before the Vice-chancellor, Dibrugarh University highlighting the defects and malpractices adopted in the said process and requested to take necessary action, but the same failed to evoke any response.

Thereafter, she preferred a writ petition, being WP(C) No. 2653/2023, before this Court wherein, vide order dated 17.05.2023, a direction was issued to the counsel for the Higher Education Department as to whether any guardian member was included in the selection committee, fixing the matter on 19.06.2023. The