GAHC010284652025

2026:GAU-AS:133-DB

THE GAUHATI HIGH COURT

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

Case No. : WA/2/2026

DR ANAMYA ROY

DAUGHTER OF SRI ABHIJIT ROY, RESIDENT OF BANAMALI ROAD, WARD

NO. 16, SRIBHUMI TOWN, POST OFFICE SRIBHUMI - 788710, POLICE

STATION- SRIBHUMI, DISTRICT SRIBHUMI, ASSAM.

VERSUS

1: STATE OF ASSAM AND 7 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI-

781006

2:THE DIRECTOR OF HIGHER EDUCATION

ASSAM KAHILIPARA GUWAHATI-781019 ASSAM.

3:THE SELECTION COMMITTEE OF PANDIT DEEN DAYAL UPADHAYA

ADARSHA MAHAVIDYALAYA ERSTWHILE KARIMGANJ DISTRICT

FOR APPOINTMENT TO THE POST OF THE ASSISTANT PROFESSOR OF IN

THE DEPARTMENT BENGALI LANGUAGEOF SAID COLLEGE.

REPRESENTED BY THE DEPUTY COMMISSIONER ERSTWHILE

KARIMGANJ DISTRICT AND CHAIRPERSON OF THE GOVERNING BODY OF THE SAID COLLEGE) P.O. SRIBHUMI 788710 DIST. SRIBHUMI ASSAM. 4:THE GOVERNING BODY PANDIT DEEN DAYAL UPADHAYA ADARSHA

MAHAVIDYALAYA REPRESENTED BY THE DEPUTY COMMISSIONER

ERSTWHILE KARIMGANJ AND CHAIRPERSON OF THE GOVERNING BODY

OF THE SAID COLLEGE POST OFFICE SRIBHUMI-788710 DISTRICT

SRIBHUMI ASSAM.

5:THE DEPUTY COMMISSIONER KARIMGANJ DISTRICT THE

CHAIRPERSON OF THE GOVERNING BODY OF THE PANDIT DEEN DAYAL

UPADHAYA ADARSHA MAHAVIDYALAYA ERALIGOOL ASSAM P.O.

SRIBHUMI 788710 ASSAM.

6:THE PRINCIPAL CUM SECRETARY PANDIT DEEN DAYAL UPADHAYA ADARSHA MAHAVIDYALAYA AT ERALIGOOL P.O. ERALIGOOL-788723 DISTRICT SRIBHUMI ASSAM

7:SRI SATINATH PAUL, VICE-PRINCIPAL PANDIT DEEN DAYAL UPADHAYA ADARSHA MAHAVIDYALAYA P.O. ERALIGOOL-788723 DISTRICT SRIBHUMI MEMBER-SECRETARY SELECTION COMMITTEE PANDIT DEEN DAYAL UPADHAYA ADARSHA MAHAVIDYALAYA ERALIGOOL ASSAM

8:SMTI JAYANTI CHOUDHURY DAUGHTER OF LATE NARENDRA NARAYAN CHOUDHURY SOUTH GOLAGHAT BASTI HOJAI P.O. HOJAI- 782435 DISTRICT NAGOAN ASSAM PRESENTLY WORKING AS THE ASSISTANT TEACHER NAIRGRAM SENIOR BASIC SCHOOL P.O. CHARGOLA BAZAR-788713 DISTRICT SRIBHUMI ASSAM For the Appellant(s) : Mr. B.K. Sen, Advocate.

: Mr. A. Hussain, Advocate.

For the Respondent(s) : Mr. A.R. Tahbilder, Standing Counsel, Higher Education Department.

B E F O R E –

–

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

06.01.2026 (Ashutosh Kumar, CJ)

We have heard Mr. B.K. Sen, learned Advocate for the appellant and Mr. A.R. Tahbilder, learned Standing Counsel, Higher Education Department.

The appellant has questioned the judgment dated 10.12.2025 passed by a learned Single Judge of this Court in WP(C) No.6475/2024, whereby no interference has been made with the appointment of the respondent No.8 as a Lecturer in the Department of Bengali in Pandit Deen Dayal Upadhaya Adarsha Mahavidyalaya at Eraligool, Sribhumi.

It appears that the Principal of the said College had issued an advertisement on 20.07.2023 for appointment on the post of Assistant Professor of Bengali language. Pursuant to the advertisement, the appellant and others, including the respondent No.8, had applied. The appellant had appeared in the interview on 29.08.2023 but her candidature was not considered on the ground that she did not have the minimum requisite qualification for being appointed as a Lecturer in the Bengali language Department as she did not have NET/SLET/SET certificate, which was one of the mandatory requirements of eligibility.

The appellant claimed that she had a Ph.D. Degree and, therefore, her candidature had to be exempted from the requirement of NET/SLET/SET.

The experts had found that the Ph.D. Degree of the appellant was not in the concerned subject of Bengali literature but it was obtained under the Department of Cultural Studies (Centre for Interdisciplinary Studies) and the thesis topic of the appellant was “Cuisine of Sylhet : A Socio-Cultural Study on Barak Valley of Assam”.

Nonetheless, the appellant persisted that the title of her thesis was about cuisines but in fact the contents were replete with research work on the evolution of Bengali language.

In the first instance, a Be