Bijoy Kumar Doley vs State Of Assam And 4 Ors

Heard Ms. K Devi, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned counsel for the Higher Education Department, Government

of Assam and Mr. NC Das, learned senior counsel for the respondent Dibrugarh University.

Considering the nature of the order proposed to be passed, we deem it appropriate that notice need not be issued to respondent No.5 for the

present.

The petitioner by qualification is an MA in Assamese from the Dibrugarh University and on being appointed by the Managing Committee, he has

been serving as a Lecturer in the Assamese Department of the Brahmaputra Degree College, Lakhimpur on and from 07.11.2005. When the claim of

the petitioner for provincialisation under the Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational

Institutions) Act, 2017 (for short, the Act of 2017) was processed, his name appeared at Sl.No.518 as per the approved list of incumbents as available

in the website of the Directorate of Higher Education Department. But subsequently when the final list was published the name of the petitioner for

provincialisation did not appear.

The respondents in the Higher Education Department takes a stand that the services of the petitioner could not be provincialised as because the

college concerned had lesser number of enrolments that was required under the law.

In the circumstance, the petitioner relies upon a document issued by the Controller of Examinations, Diburgarh University dated 15.02.2021 which

shows the enrolment of the students in the Brahmaputra Degree College, Lakhimpur for the last four years i.e. from the year 2016 to 2019. The

petitioner relies upon the said document issued by the Dibrugarh University to substantiate that the college concerned had the required number of

enrolment for the purpose of provincialisation.

Mr. K Gogoi, learned counsel for the Higher Education Department takes a stand that at the time when the decision was taken the documents that

were available with the Higher Education authorities did not reveal the required number of enrolment.

In the circumstance, the petitioner had submitted a representation dated 17.02.2021 before the Director of Higher Education Assam bringing on

record, the document issued by the Dibrugarh University showing the enrolment of the students. If the document issued by the Dibrugarh University

depicts a correct picture of the enrolment in the Brahmaputra Degree College, Lakhimpur, the petitioner would definitely have a legal right for his case

being considered on the basis of such document issued by the Dibrugarh University.

Mr. NC Das, learned senior counsel for the Dibrugarh University does not dispute the authenticity of the document dated 15.02.2021 issued by the

Dibrugarh University.

In view of the above, instead of keeping the matter pending and issuing notices to the parties, we deem it appropriate that ends of justice would be

met, if the representation submitted by the petitioner dated 17.02.2021 is given a due consideration by the Director of Higher Education Assam and

pass a reasoned order thereon.

The above requirement be done by the Director of Higher Education within a period of two months from the date of receipt of a certified copy of

this order.

Writ petition stands disposed of in the above terms.