GAHC010237942025

2025:GAU-AS:15346-DB

THE GAUHATI HIGH COURT

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

Case No. : WA/356/2025

MD ABDUL AZIZ ALI

S/O LATE NURUL ISLAM,

R/O VILL. 1 NO. MIRIHULA,

P.O. MORANHAT, DIBRUGARH, PIN 785670

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY

TO THE GOVERNMENT OF ASSAM,

DEPARTMENT OF HIGHER EDUCATION,

DISPUR, GUWAHATI - 781006.

2:THE JOINT SECRETARY TO THE GOVT OF ASSAM

HIGHER EDUCATION TECHNICAL DEPARTMENT

GOVT. OF ASSAM

DISPUR

GUWAHATI- 781006.

3:THE DIRECTOR OF TECHNICAL EDUCATION

ASSAM

KAHILIPARA

GUWAHATI -781019

4:THE ASSAM ENGINEERING RECRUITMENT SERVICE BOARD

ASSAM TEXTILE INSTITUTE CAMPUS

AMBARI

GUWAHATI

REPRESENTED BY ITS CHAIRMAN.

5:THE ASSAM PUBLIC SERVICE COMMISSION (APSC)

KHANAPARA GUWAHATI-22 REPRESENTED BY ITS CHAIRMAN OR SECRETARY.

6:THE PRINCIPAL DHEMAJI ENGINEERING COLLEGE DHEMAJI PIN-78705 Advocate for the Petitioner : G. GOSWAMI, A J KASHYAP,MR H K NATH Advocate for the Respondent : SC, HIGHER EDU, SC, FINANCE,SC, APSC Linked Case : WA/358/2025 JONALI DAIMARY AND ANR D/O SHRI KAMALESWAR DAIMARY RESIDENT OF VILL- SARUFULCHAKI GORESWAR DIST- BAKSA P.SGORESWAR PINCODE- 781366

2: SHRI DIBYA JYOTI DANG SON OF DUREN CHANDRA DANG RESIDENT OF GREENLAND VILLAGE RATANPUR DHEMAJI PIN CODE-787057 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF HIGHER EDUCATION DISPUR GUWAHATI - 781006.

2:THE JOINT SECRETARY TO THE GOVT OF ASSAM HIGHER EDUCATION TECHNICAL DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI- 781006.

3:THE DIRECTOR OF TECHNICAL EDUCATION ASSAM KAHILIPARA GUWAHATI -781019

4:THE ASSAM ENGINEERING RECRUITMENT SERVICE BOARD ASSAM TEXTILE INSTITUTE CAMPUS AMBARI GUWAHATI REPRESENTED BY ITS CHAIRMAN.

5:THE ASSAM PUBLIC SERVICE COMMISSION (APSC)

KHANAPARA GUWAHATI-22 REPRESENTED BY ITS CHAIRMAN OR SECRETARY.

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For the appellants : Ms. G. Goswami, Advocate For the respondents : Mr. T.J. Mahanta, Sr. Advocate, Standing Counsel, APSC Mr. K. Gogoi, S.C., Higher Education Mr. S. Das, S.C., Higher Education – B E F O R E –

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

12-11-2025 (Ashutosh Kumar, C.J.)

We have heard Ms. G. Goswami, learned Advocate for the appellants in both the appeals and Mr. K. Gogoi, learned Standing Counsel, Higher Education Department for respondent Nos.1 to 3 in both the appeals.

2. Both the appeals being inter-connected, have been heard together and are being disposed off by this common judgment.

3. By the impugned common judgment dated 26.09.2025, the contentions raised on behalf of the appellants that their appointment, notwithstanding the fact that it was under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions) Regulations, 1951 (hereinafter to be referred as ‘Regulations, 1951’) was a permanent appointment and, therefore, they ought not to have been released from service when fresh recruitment process was initiated and completed, has been rejected.

4. The brief facts of the case are that the appellants were appointed as Assistant Professor (Non-Technical) in different science subjects at the newly established Dhemaji Engineering College in Assam. The college had started functioning in August 2020 and the appellants were appointed against an Advertisement issued on 07.02.2020 by the Director of Technical Education, Assam. Under the advertisement, applications were invited for filling up various posts, including that of Assistant Professor under Regulation 3(f) of the Regulations, 1951. The afore-noted Regulation allows for temporary appointments in urgent situation without full involvement of the Assam Public Service Commission (hereinafter to be referred as ‘APSC’) to avoid delays. The appellants claimed to have applied, passed the written test, whereafter their documents were verified and were appointed sometimes in February, 2021, initially for four months on ad-hoc basis. The services of the appellants