GUWAHATI, India, Sept. 15 -- Gauhati High Court issued the following order on Aug. 14:
1. Heard Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned Junior Government Advocate, Assam, appearing for the respondent No.1, Mr. K. Gogoi, learned standing counsel for the respondents in Higher Education Department and Mr. A. Chaliha, learned standing counsel for the respondent in Finance Department.
2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 05.10.2023 (Annexure-52) and to direct the respondent No. 2 and 3 not to give effect to the said order and also to direct the respondent authority to pay minimum scale of pay to the petitioner in the light of the decision of Hon'ble Supreme Court in the case of State of Punjab & Ors. v. Jagjit Singh & Ors., reported in (2017) 1 SCC 148. 3. The background facts, leading to filing of these writ petitions, are briefly stated as under:-
"The petitioner, namely, Md. Rofiqul Islam was appointed as Tutor in English department, at Habraghat Mahavidyalaya, Krishnai on 15.07.2005, as per resolution No.9, dated 18.05.2005, by the Governing Body of the said college and he joined there on 20.07.2005, and since then he had worked there, till 25.03.2006, on lump sum payment. Thereafter, vide order dated 25.03.2006, he was appointed as part-time lecturer in English, in the said college, with the stipulation that his service should be regularized by the Governing Body in due course and he has been working as Lecturer and also as Invigilator w.e.f. 2006, till date and his present salary is Rs.5,200/- per month.
His pleaded case is that on 05.07.2011, an advertisement was published by the Principal I/C, Habraghat Mahavidyalaya for filling up the post of Assistant Professor in English. Pursuant to the said advertisement, he had applied for the post and appeared in the interview held on 18.09.2011. As per performance sheet, prepared in the said interview, he secured 3rd position in the select list, dated 18.09.2011. Thereafter, the candidates who had secured 1 st and 2nd position, namely, Khandakar Shahin Ahmed and Nripen Nath got appointment in some other colleges. But, vide resolution dated 17.11.2011, the interview dated 18.09.2011, was cancelled by the Governing Body of the said college on the ground of fault of the Expert Body and the Governing Body and he has no role to play in the same. The said resolution dated 17.11.2011, was communicated to the petitioner, vide letter, dated 17.05.2013.
Thereafter, vide letter dated 04.12.2015, issued by the Director of Higher Education, Assam, the Principal of the Habraghat Mahavidyalaya was permitted to publish advertisement for the post of Assistant Professor in English, which is reserved for OBC/MOBC. But the said post was advertised on 05.07.2011, as unreserved and thereafter, on 10.01.2016, fresh advertisement was issued by the Principal of the said college making reservation for OBC/MOBC of the said post without finalizing the earlier selection process held on 18.09.2011. Then, the petitioner has challenged the advertisement dated 10.01.2016, in WP(C) No.437/2016 and vide interim order dated 01.02.2016, the interview process was suspended by this Court.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpDMlSfJj%2FdbX0d2ZSPMYWyss%2B4SAPbQVCrDJsZNXPWP%2F&caseno=WP(C)/7163/2023&cCode=1&cino=GAHC010276822023&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
