GOVERNING BODY OF BURHINAGAR JUNIOR COLLEGE v. STATE OF ASSAM
2017-06-15
AJIT SINGH, MANOJIT BHUYAN
body2017
DigiLaw.ai
JUDGMENT : Ajit Singh, J. This intra court appeal is directed against the judgment and order dated 17.9.2015 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant's WP(C) No.5799/2014 on the ground of locus. 2. Appellant is Governing Body of the Burhinagar Junior College. On 19.6.2014, it issued an advertisement in the local daily "Assam Tribune" inviting applications from eligible candidates for the post of Principal in the College. A Selection Committee was then constituted, which met on 6.7.2014 and recommended respondent No.5 in the first position and respondent No.4 in second position, respectively. But the Director of Secondary Education vide order dated 9.10.2014 disapproved the selection on the ground that "local candidates" were not preferred. Aggrieved with the said disapproval, the Governing Body filed WP(C)5799/2014 contending that candidates were evaluated on merit and the "local person" preference had played no role in the selection. The learned Single Judge instead of deciding the writ petition on merit, declined to entertain the challenge by holding that Governing Body had no locus. It is in this background, the Governing Body has filed the present appeal. 3. It is not in dispute that Governing Body is the appointing authority of Principal and had issued the advertisement. Therefore, in a dispute relating to selection and appointment of the College Principal, Governing Body certainly has locus standi to question the decision of disapproval of the Director. For these reasons, we disagree with the view of learned Single Judge that the Governing Body had no locus in the matter. We accordingly set aside the impugned order passed by the learned Single Judge and remand the matter for its decision on merit. The Registry shall now list the matter before the learned Single Judge as per roster in the week commencing from 17.7.2017. 4. The appeal is allowed but without any order as to cost.