GAHC010232832024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5757/2024 BADAL KHAN S/O SAMAD KHAN, VILL- KAKDHUA, P.O.-BAHARI HAT, P.S.-TARABARI, DIST-

BARPETA (ASSAM)

VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06

2:THE UNIVERSITY GRANT COMMISSION REPRESENTED BY ITS CHAIRMAN BAHADUR SHAH ZAFAR MARG NEW DELHI-110002

3:THE DIRECTOR HIGHER EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI-19

4:THE GOVERNING BODY MANDIA ANCHALIK COLLEGE MANDIA REPRESENTED BY ITS SECRETARY P.O.-MANDIA DIST- BARPETA ASSAM PIN-781308

5:THE SELECTION COMMITTEE IN RESPECT OF APPOINTMENT TO THE POST OF ASSISTANT PROFESSOR IN ENGLISH IN MANDIA ANCHALIK COLLEGE MANDIA REPRESENTED BY ITS CHAIRPERSON P.O.-MANDIA DIST- BARPETA ASSAM PIN-781308

6:THE PRINCIPAL MANDIA ANCHALIK COLLEGE MANDIA P.O.-MANDIA DIST- BARPETA ASSAM PIN-78130 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. A H M R CHOUDHURY,M ALAMGEER Advocate for the Respondent : SC, HIGHER EDU, SC, U G C BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

O R D E R

05.05.2025 Heard Mr. H.R.A. Choudhury, learned Senior counsel, assisted by Mr. M. Alamgeer, learned counsel for the petitioner; Mr. A.R. Tohbildar, learned standing counsel for the Higher Education Department, respondent Nos. 1 & 3; and Mr. R. Bhuyan, learned counsel appearing on behalf of Mr. A. Chamuah, learned counsel for the respondent No. 2. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has put to challenge the Office Memorandum dated 22.10.2024, issued by the Higher Education Department and further he prays for directing the respondent authorities to proceed with the selection process for the post of Assistant Professor in English Department in the Mandia Anchalik College, Mandia in terms of the OM dated 24.01.2022.

2.1. Notably, vide OM dated 22.10.2024, the respondent authorities has partially modified the OM dated 24.01.2022, i.e. the guidelines for selection of Assistant Professors/Librarians in provincialized, Government and Government Model Colleges of Assam.

3. The background facts, leading to filing of the present petition, are briefly stated as under:-

“The respondent No. 6, the Principal of Mandia Anchalik College, Mandia, issued one Advertisement (Annexure No. 2) in one English daily newspaper, namely Assam Tribune published from Guwahati on 02.07.2024, for filling up the post in the department of English and one post of librarian in Mandia Anchalik College, Mandia.

In the advertisement, it was provided that the educational qualification and selection procedures will be followed as per Government OM dated 24.01.2022.

Thereafter, the petitioner, being eligible to take part in the selection process, has applied for the post of Assistant Professor in the department of English and while the selection process was in progress, the Department of Higher Education issued one Notification dated 22.10.2024, partially modifying the OM dated 24.01.2022, by stipulating that the candidates having more than 80% marks in Post Graduation will also be entitled to 30 marks giving effect from the date of its issuance.

The said Notification dated 22.10.2024, is prospective in nature. But, the respondent authorities being influenced by some extraneous consideration, deliberately contemplated to proceed with the selection process in question as per OM dated 22.10.2024, and thereby caused serious prejudice to the petitioner.”

4. Being aggrieved, the petitioner has approached this Court by filing the present petition with the aforesaid prayer and also to direct the respondent authorities to proceed with the selection procedure as per OM dated 24.01.2022, without taking into consideration of the OM dated 22.10.2024.

5. The respondent Nos. 1 & 3, the Department of Higher Education has filed affidavit-in-opposition, wherein a stand has been taken that the OM dated 22.10.2024, is only a partial m