GAHC010205732025 2026:GAU-AS:5200-

DB 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, MR. P BHOWMICK(R8),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

Date : 07/04/2026 (Michael Zothankhuma, J

1. Heard Mr. M.K. Choudhury, learned Sr. Counsel for the appellant assisted by Mr. D. Kalita, learned counsel for the appellant. Also heard Mr. P.P. Medhi, learned Counsel for the respondent No.1, Mr. S. Bhuyan, learned counsel appears for the respondent no. 2, Mr. N.R.Sharma, learned counsel for the respondent nos. 3, 4 &

5/BTC. Mr. K.K. Dey, learned counsel appears for the respondent No.6, Mr. P.

Bhowmick, learned counsel for the respondent no. 8 and Dr. P. Agarwal, learned counsel appears for the respondent No.10/UGC.

2. This appeal has put to challenge the common judgement and order dated 03/09/2025 passed by the learned Single Judge in WP(C) No. 598/2024 and WP(C)

No. 3543/2023, by which the appointment of the appellant (petitioner in WP(C)

598/2024) as Principal of Goreswar College has been set aside, while directing the authorities to act on the recommendation of the Selection Committee by appointing the respondent no. 1 (petitioner in WP(C) 3543/2023) as Principal of Goreswar College.

3. The issue to be decided in this appeal is as to whether the appellant and the respondent no. 1 have 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.” 4. 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.

5. The respondent No.1 b