DR SANJOY KALITA AND 7 ORS v. THE STATE OF ASSAM AND 2 ORS
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-09. DR SANJOY KALITA AND 7 ORS v. THE STATE OF ASSAM AND 2 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010175492020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5194/2020 DR SANJOY KALITA AND 7 ORS S/O- GOPAL KALITA, R/O- VILL- PUBMAJIR GAON, P. O. BHATTAPARA, DIST. - KAMRUP (M), ASSAM, PIN- 781017 2: DR. SHAJIDA BEGUM D/O- MUSLIMUDDIN HMED R/O- TOWN NAZIRA P. O. NAJIRA DIST. - SIVASAGAR ASSAM PIN- 785685 3: DR. SUJAN SINHA S/O- HAV. PARAN SENA SINHA R/O- VILL- RAJIB NAGAR NEAR 10TH APBN P. O. KAHILIPARA DIST. - KAMRUP (M) ASSAM PIN- 781019 4: JAYDA BEGUM W/O- H. M HASSANUZZAMAN R/O- VILL- FAKIRANIRJHAR PT. II P. O. BILASIPARA DIST. - DHUBRI ASSAM PIN- 783348 5: DR. MONALISA KALITA W/O- DINAMONI DEKA R/O- VILL- PATGIRI CHUBA P. O. DHEKIPARA DIST. - DARRANG Page No. # 2/3 ASSAM PIN- 784145 6: DR. BUDHIN GOGOI S/O- LT. SURENDRA NATH GOGOI R/O- VILL- DAKHON GAON P. O. AND P. S. GHOLAMARA DIST. - LAKHIMPUR ASSAM PIN- 787053 7: DR. JADAB DUTTA S/O- MR. MANIK DUTTA R/O- VILL- LAKHIPUR P. O. KOKCHABARI P. S.
BIHPURIA DIST. - LAKHIMPUR ASSAM PIN- 784165 8: DR. BIREN SAIKIA S/O- LT. BETHARAM SAIKIA R/O- VILL- BRAHMAPUR P. O. DULIAJAN DIST. - LAKHIMPUR ASSAM PIN- 78416 VERSUS THE STATE OF ASSAM AND 2 ORS REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM, HIGHER EDUCATION DEPTT. , DISPUR, GHY-06, DIST. - KAMRUP (M), ASSAM 2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION DEPTT. DISPUR GHY-06 DIST. - KAMRUP (M) ASSAM GHY-14 3:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GHY-1 Advocate for the Petitioner : MR. P UPADHYAY Page No. # 3/3 Advocate for the Respondent : SC, HIGHER EDU BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA O R D E R 09. 12. 2020 Heard Mr. A Upadhyay, learned counsel for the petitioner and Mr. K Gogoi, learned Standing Counsel for Higher Education Department of the Government of Assam. The petitioner is aggrieved to the extent that although as per the various advertisements in different colleges, the guidelines provided in the Office Memorandum dated 09.
08. 2019 would govern the field, but the respective colleges by adopting a method contrary to the law is now trying to pursue with the selection pursuant to a new set of guidelines contained in the Office Memorandum dated 17. 11. 2020. On principle we are in agreement with the petitioner that the Rules prevailing when the vacancies had arisen or when the advertisement was made would govern the field. But the petitioner had applied against different advertisements in different colleges, where the individual facts and dates may vary to certain extent. In view of the above, we are of the view that individual petitions against the illegal acts of individual colleges would be a more appropriate procedure to be followed by the petitioner. For doing what is necessary, the petitioner is allowed to withdraw this writ petition with liberty to file afresh. Writ petition stands closed on being withdrawn. JUDGE Comparing Assistant
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