The court ordered an enquiry into the alleged non-concurrence of the English subject to rectify the exclusion of the petitioner from the Final Seniority List, emphasizing adherence to proper legal procedures for regularization.

JUDGMENT :

ANJAN MONI KALITA, J.

1. Heard Mr. A. R. Sikdar, learned counsel for the Petitioner. Also heard Mr. K. Gogoi, learned Standing Counsel, Higher Education Department, Assam, and Mr. A. K. Azad, learned counsel for the Respondent nos. 6 to 9 as well as Mr. P. J. Phukan, learned Standing Counsel for the Respondent no. 10.

2. By filing the instant writ petition under Article 226 of the Constitution of India, the Petitioner has challenged the impugned action of the Respondent authority in not including his name in the Final Seniority List of 254 nos. of Non-sanctioned College Lecturers, dated 22.04.2010 as well as the impugned letter, vide No. G(B)DHE/EST/50/05/Pt-1/266 dated 09.01.2017, issued by the Director of Higher Education, Assam, whereby one post in the Department of English has been blocked. The Petitioner has also challenged the impugned rejection of the proposal of regularization of the service of the Petitioner by the Deputy Director of Higher Education, Assam, vide letter dated 22.11.2017 and also the non-consideration and non-disposal of the representation dated 06.04.2017, submitted by the Petitioner, praying for regularization of his services against the vacant post arose on 02.07.2017 due to the resignation of one Dr. Mazibar Rahman, Associate Professor, Department of English, West Goalpara College.

3. The Petitioner’s case is that the Petitioner has passed M.A. in English in the year 2001 having UGC norms and he has also passed M. Phil., having requisite qualification and following due process of selection through the Advertisement dated 11.05.2003, he was selected by the Government Body of West Goalpara College. Accordingly, he was appointed by an order dated 15.12.2003, issued by the Principal-cum-Secretary of the aforesaid college. The Petitioner has been sincerely working in the college since his appointment and his name was included in the Provisional Seniority List published by the Respondent Dept. on 30.12.2009 as per the Official Memorandum dated 17.07.2004, whereby the Govt. wanted to regularize the service of lecturers working in non-sanctioned posts in various colleges across the State. However, he came to know only in 2017 that his name was deleted from the Final Seniority List published by the Govt. citing the reason that his subject of teaching, i.e., English was not a govt. concurred subject in West Goalpara College. He was further deprived from regularization though a vacancy arose due to resignation of Dr. Nazibur Rahman, a senior in English Dept. Government action of non-regularizing his service is the grievance for which he has approached this Court.

4. Mr. S. K. Sikdar, the learned counsel for the Petitioner submits that the petitioner’s name has been illegally deleted from the Final Seniority List for want of alleged Government concurrence, whereas a huge number of Lecturers having no Government concurrence were not only included in the Final Seniority List, but, many of them had already been regularized/adjusted. It is submitted by the learned counsel that though the Petitioner’s name was not included in the Final Seniority List with the excuse by the Respondent Authority that Government concurrence was not there for English Department, however, similarly placed candidates who were working against non-sanctioned post without Government concurrence were included in the Final Seniority List.

5. Mr. Sikdar, the learned counsel for the Petitioner submits that 88 nos. of Lecturers, who were also similarly situated as the Petitioner have been regularized by the Respondents though they wer