Cancellation of a selection process without substantial justification violates principles of natural justice and the right to equality under law as established under Article 14 of the Constitution.

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 respondents authorities to regularize/adjust/accommodate to the petitioner in the post of Asstt. Professor (English) at Habraghat Mahavidyalaya, Krishnai, Dist. Goalpara against the sanction post lying vacant in the department of English w.e.f. 1986 to till date.

3. The background facts leading to filing of this petition under Article 226 of the Constitution of India is briefly stated as under:-

“The petitioner, namely, Md. Rofiqul Islam was appointed as Tutor in English department, at Habraghat Mahavidyalaya, Krishnai on 15.07.2005, as per resolution No.9, dated 18.05.2005, by the Governing Body of the said college. He joined there on 20.07.2005, and since then he has been working till date, on lump sum payment. Thereafter, vide order dated 25.03.2006, he was appointed as part-time lecturer in English, in the said college, with the stipulation that his service should be regularized by the Governing Body in due course and he has also been working as invigilator w.e.f. 2006, till date and his present salary is Rs.5,200/- per month.

His pleaded case is that on 05.07.2011, an advertisement was published by the Principal I/C, Habraghat Mahavidyalaya for filling up the post of Assistant Professor in English. Pursuant to the said advertisement, he had applied for the post and appeared in the interview held on 18.09.2011. As per performance sheet, prepared in the said interview, he secured 3^rd position in the select list, dated 18.09.2011. Thereafter, the candidates, who had secured 1^st and 2^nd position, namely, Khandakar Shahin Ahmed and Nripen Nath got appointment in some other colleges. But, vide resolution dated 17.11.2011, the interview, held on 18.09.2011, was cancelled by the Governing Body of the said college on the ground of mistake on the part of the Expert Body and the Governing Body and he has no role to play in the same. The said resolution dated 17.11.2011, was communicated to the petitioner, vide letter, dated 17.05.2013, in reply to an RTI application filed by him. The impugned resolution dated 17.11.2011, was also forwarded by the Governing Body to the respondent No.2 for approval and no such approval is given till date but, surprisingly, the respondent No.2 had allowed the Principal to publish fresh advertisement for filling up the post of Asstt. Professor, English without giving approval for cancellation of the impugned resolution dated 17.11.2011.

Thereafter, vide letter dated 04.12.2015, issued by the Directo