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KALYAN RAI SURANA
Biswajit Sarma, S/o Late Dugdha Nath Sarmah – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. U.K. Nair, learned senior counsel, assisted by Ms. M. Das, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned standing counsel for the Education (Higher) Department, Respondent no.1 and Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. P.J. Phukan, learned standing counsel for Gauhati University, respondent nos. 2 to 4.
2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for setting aside resolution dated 26.02.2021, passed by the Executive Council of the Gauhati University (respondent no. 4) as well as the impugned order dated 26.02.2021 issued by the Registrar, Gauhati University (respondent no. 3), thereby releasing the petitioner from service as Director, College Development Council, Gauhati University and for consequential relief.
3) The case of the petitioner, in brief, is that in the month of March, 2013 the Gauhati University had issued an advertisement to fill up the post of Director, College Development Council. Pursuant to his application, the petitioner was selected and appointed to the said post by order dated 11.06.2015 and accordingly, the petitioner had joined in the
Point of Law : Court is inclined to hold that the petitioner has no legal or fundamental right to hold the post for more than what was prescribed in the employment advertisement.
Point of Law : Gauhati University also cannot be said to be blameless in its conduct towards the appellant in the matter of appointment and release.
The amendment to a statutory provision cannot have a retrospective effect on a recruitment process initiated prior to the amendment.
The court held that employment in aided institutions is governed by contract law unless statutory provisions apply, making the writ petition non-maintainable for internal disputes.
The continuous advertisement of a reserved post for a specified period without a response from reserved category candidates entitles the appointed candidate to de-reservation and service benefits as ....
Appointments in public service must adhere to the order of merit as recommended by the relevant authority, and back-door entries are impermissible.
Point of Law - There is no violation of Articles 14 and 19(1)(g) of the Constitution of India. As there is alternative efficacious remedy available to the petitioner to approach the Lobour Court for ....
The court emphasized the importance of affording an opportunity of hearing and conducting a departmental inquiry before imposing penalties on employees, in compliance with statutory provisions and co....
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