Dr Utpala Das vs State Of Assam And 3 Ors

Heard Mr. M Dutta, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned counsel for the respondents no. 1 and 2 being the

authorities under the Higher Education Department, Government of Assam.

Considering the nature of the order proposed to be passed, notices need not to be issued to the respondents no. 3 and 4 for the present.

As we intend to dispose of the writ petition with a direction to the Director of Higher Education to give a consideration to the representation dated

28.07.2021 of the writ petitioner, we are of the view that the ends of justice would be met if the Director of Higher Education deems it appropriate to

issue notice to the respondents no. 3, Pandu College and 4 Smt. Lotika Saikia while deciding the representation of the petitioner.

Both the writ petitioner and the respondent no. 4 had participated in a selection process pursuant to an advertisement dated 11.02.2020 of the Pandu

College for the post of Assistant Professor in Assamese reserved for scheduled caste candidates.

In the selection process, it is stated that the respondent no. 4 was selected although no appointment has been made till date.

The petitioner raises an issue that in respect of marks to be awarded for research contribution and teaching experience in the category of research

papers/articles, three marks was incorrectly given to the respondent no. 4.

By referring to the office memorandum dated 25.11.2020 of the Government of Assam in Higher Education Department, Mr. Dutta submits that

the research papers/articles concerned of the respective candidates are required to be published in impact factor journal existing in the data base of

Scopus, Web of Science/Web of knowledge (one mark for each publication). It is the submission that the research papers submitted by the respondent

no. 4 were not published in the data base of Scopus and Web of Science/Web of knowledge and therefore, three marks could not have been allotted

to the respondent no. 4.

Mr. Dutta also refers to Clause 4 of the same office memorandum dated 25.11.2020 which provides that gold medal in any event of

University/Youth festival conducted by Universities having affiliating colleges (certificate must be submitted with the application) would carry one

mark.

It is the allegation of the writ petitioner that the respondent no. 4 is not entitled to any marks under the said category but granted one mark. In the

resultant situation, the petitioner has submitted a representation dated 28.07.2021 before the Director of Higher Education, Assam.

The limited prayer in this writ petition is that the petitioner would be satisfied if a direction is issued to the Director of Higher Education to give a

consideration to the representation and pass a reasoned order thereon.

Mr. K Gogoi, learned counsel for the Higher Education Department also agrees to the said proposition put forth by the petitioner.

As we are required to issue a direction to dispose of the representation dated 28.07.2021 without any further conclusion being arrived at, we deem

it appropriate that for this limited purpose notices are not required to be issued upon the respondents no. 3 and 4. The interest of the respondents no. 3

and 4 can be taken care of by the Director of Higher Education by issuing them a notice before any such decision is arrived at on the representation

dated 28.07.2021 of the petitioner.

Accordingly, the Director of Higher Education, Assam is directed to consider the representation dated 28.07.2021 submitted by the petitioner

which is annexed as Annexure-22, page 63 to the writ petition and to pass a reasoned order thereon. In doing so, the Director shall also issue notice to

the respondents no. 3 and 4 of this writ petition before arriving at any such decision that he may take as it may have an adverse impact on the

respondent no. 4. By requiring the Director to consider the representation of the petitioner, we mean that the Director will arrive at an independent

decision on its own without being influenced by any observation made in this order and the reasoned order be passed. The requirement of passing the

reasoned order be done within a period of six weeks from the date of receipt of certified copy of the order.

Writ petition stands disposed of in the above terms.