GAHC010205732025

undefined

THE GAUHATI HIGH COURT

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

Case No. : WA/288/2025

PRAMOD MEDHI

S/O LATE KAMALKANTA MEDHI, R/O VILLAGE BHOGPUR, P.O - BARAMA,

DIST - BAKSA, BTR, ASSAM. PIN - 781346.

VERSUS

PRATIVA PATOWARY AND 9 ORS

D/O LATE SARD CHANDRA PATOWARY, HOUSE NO. 8-H, SHANTI VALLEY,

APARTMENT, BLOCK - A, P.O GATANAGAR, P.S JALUKBARI, DISTRICT -

KAMRUP (M), ASSAM- 781011.

2:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY EDUCATION (HIGHER) TO THE GOVERNMENT OF ASSAM

DISPUR

GUWAHATI - 781006

DISTRICT- KAMRUP (METRO)

ASSAM.

3:THE BODOLAND TERRITORIAL COUNCIL (BTC)

REPRESENTED BY THE PRINCIPAL SECRETARY

BODOGA NWGWR

KOKRAJHAR

ASSAM - 783370.

4:THE SECRETARY OF EDUCATION

BTC

BODOGA NWGWR

KOKRAJHAR

ASSAM - 783370.

5:THE DIRECTOR OF EDUCATION (BTC)

BODOGA NWGWR

KOKRAJHAR

ASSAM - 783370.

6:BODOLAND UNIVERSITY REPRESENTED BY ITS REGISTRAR BODOGA NWGWR KOKRAJHAR ASSAM - 783370.

7:PRINCIPAL SELECTION COMMITTEE OF GORESWAR COLLEGE REPRESENTED BY ITS CHAIRMAN (VICE CHANCELLOR BODOLAND UNIVERSITY)

GORESWAR COLLEGE GORESWAR DISTRICT - KOKRAJHAR ASSAM - 783370.

8:THE GOVERNING BODY OF GORESWAR COLLEGE GORESWAR REPRESENTED BY ITS PRESIDENT DISTRICT TAMULPUR ASSAM - 781366. 9:THE DIRECTOR INTERNAL QUALITY ASSURANCE CELL BODOLAND UNIVERSITY DISTRICT - KOKRAJHAR BTR ASSAM -783370.

10:UNIVERSITY GRANT COMMISSION REPRESENTED BY THE SECRETARY

35 FEROZE SHAH ROAD NEW DELHI - 11000 Advocate for the Petitioner : MR D KALITA, MR B PRASAD,MR. M K CHOUDHURY,MR J LOTHA Advocate for the Respondent : MR G BARGAYARY, SC, U G C,SC, BODOLAND UNIVERSITY,SC, BTC,SC, HIGHER EDU,FOR CAVEATOR,MR P P MEDHI,Z HAQUE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

08.12.2025 (M. Zothankhuma, J)

Heard Mr. M.K. Choudhury, learned Sr. Counsel for the appellant assisted by Mr. D. Kalita. Also heard Mr. K.N. Choudhury, learned Sr. Counsel for the respondent No.1 assisted by Mr. P.P. Medhi. Mr. A.K. Bhuyan, learned counsel appears for the respondent Nos.3-5/BTC. Mr. K.K. Dey, learned counsel appears for the respondent No.6, while Dr. P. Agarwal, learned counsel appears for the respondent No.10/UGC.

2. The issue to be decided in this appeal boils down to whether the respondent No.1 has got the eligibility criteria, for taking part in the selection process for filling up the post of Principal, Goreswar College, in terms of Clause

5 of the Advertisement dated 01.01.2023, wherein it is stated as follows:- “5. A minimum of 10 research publication in Peer-Reviewed or UGC listed journals and a minimum of 110 research score as per APPENDIX-II at Table-2.”

3. The appellant and the respondent No.1 had taken part in the selection process in terms of the advertisement for filling up the post of Principal of Goreswar College, wherein the appellant secured 400.58 marks, while the respondent No.1 secured 427.4 marks. The Selection Committee recommended the name of respondent No.1 for appointment to the post of Principal, keeping in view the fact that she had secured higher marks than the appellant. However, the State respondents appointed the appellant to the post of Principal, on the ground that he was to be given preference,as he was a permanent resident of the BTC area, in terms of Clause-10 of the advertisement.

4. The respondent No.1 being aggrieved by the appointment of the appellant who had secured lesser marks than her, filed WP(C) No.3543/2023. The appellant in his affidavit-in-opposition in WP(C) 3543/2023, took the stand that as he was a permanent resident of BTC area, there was no infirmity in the decision of the State respondents in appointing the appellant over the respondent no. 1 to the post of Principal, as the same was in consonance with the conditions laid down in Clause 10 of the advertisement.

5. The appellant thereafter filed WP(C) 598/2024 against the respondent no.1, stating that the respondent no.1 did not have the eligibility criteria for participating in the selection process