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2025 Supreme(Gau) 1729

IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, PRINCIPAL SEAT AT GUWAHATI
Robin Phukan
Rofiqul Islam, S/o Late Jonab Ali – Appellant
Versus
State of Assam, Represented by the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner:Mr. M.U. Mondal, Md. I.H. Khan, Mr. K. Islam, Mr. A. Alim Sk., Advocates.
For the Respondent: Mr. K. Gogoi, SC, Higher Education, Ms. K. Phukan, GA, Mr. A. Chaliha, SC

JUDGMENT :

Robin Phukan, J.

Heard Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned Junior Government Advocate, Assam, appearing for the respondent No.1, Mr. K. Gogoi, learned standing counsel for the respondents No. 2 and 4 in Higher Education Department and Mr. A. Chaliha, learned standing counsel for the respondent No.3 in Finance Department.

2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Rofiqul Islam, has challenged the resolution no. 1 (ka) and 1 (Kha) dated 17.11.2011, adopted by the Governing Body, Habraghat Mahavidiyalaya, (Annexure-15) Communicated to the petitioner vide letter No. HMV/GB/79/25/313, dated 17.05.2013 and the order/letter, No. G(B)AC/PERMISSION/247/2015/368, dated 04.12.2015 (Annexure-16), by which the Principal, Habraghat Mahavidyalaya, Krishnai was permitted to advertise the vacant post of Assistant Professor in English Department and also the impugned Advertisement, dated 10.01.2016, (Annexure-17) issued by the respondent No.2 and the order dated 18.07.2022 vide Memo No. DHE/CE/CC/01/2022/Pt./164A (Annexure-32) issued by the respondent No.2 and to issue direction to the respo

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