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2018 DIGILAW 465 (GAU)

Rajib Das v. State of Assam

2018-03-16

ACHINTYA MALLA BUJOR BARUA

body2018
JUDGMENT & ORDER : 1. Heard Mr. S Dutta, learned Senior counsel for the petitioner. Also heard Mr. K Gogoi, learned Standing counsel Higher Education Department. 2. In a selection process for the post of Assistant Professor (Information Technology/Computer Science) in Pandit Deendayal Upadhya Adarsha Mahavidyalaya, Dalgaon, an issue has arisen as to whether the petitioner deserves certain marks for his M. Phil degree obtained in the distant mode from the Annamalai University and further as to whether he is entitled to marks under the heading experience for having pursued the PH.D Degree. 3. Being aggrieved, the petitioner had approached this Court by way of WP (C) No.5403/2017, which was disposed of by the order dated 04.09.2017 requiring the Director of Higher Education Assam to give a consideration to the claim of the petitioner while considering for appointment and selection. 4. The purport of the order of this Court dated 04.09.2017 was that while examining the candidature of the petitioner, the Director shall give a consideration as to whether the marks for having M.Phil degree in the distant mode from the Annamalai University and the marks in the heading experience for having pursued Ph.D degree should be given to the petitioner. Therefore, the Director was simply required to enquire on the said aspect of the matter and pass an order thereon. But instead of doing the needful as required by the order dated 24.01.2018 the Director had taken some other aspect of the matter into account as to whether such appointment should be made in the college in view of the number of students involved in the concerned subject. But, at the same time, while considering the requirements of the order of this Court, the Director instead of doing the needful as indicated above, merely states that as the petitioner again agitates regarding the marks given to him, he may file a separate representation for the purpose. This Court fails to understand why the Director has passed such order when the direction of this Court was to consider whether the marks for M.Phil and experience in Ph.D should be added. 5. It is also noticed that it is not the only occasion when this particular Officer has passed such order by which the orders of this Court are overreached and a contrary conclusion is arrived. The Chief Secretary to the Govt. 5. It is also noticed that it is not the only occasion when this particular Officer has passed such order by which the orders of this Court are overreached and a contrary conclusion is arrived. The Chief Secretary to the Govt. of Assam is requested that this particular officer Sri BL Sarma, ACS be instructed in a proper manner that orders of this Court are to be followed and not be over reached and adjusted in a different manner. If the orders of the Court are not in conformity, it is open for the concerned person to file an appeal or a review in a prescribed manner, but an officer of the government cannot change the orders of the Court even if the same are not agreeable. The compliance of such action taken by the Chief Secretary shall be informed to the Registry of this Court. 6. As regards the order of 24.01.2018, the same is accordingly set aside and the matter is remanded back to the Director of Higher Education to give an appropriate consideration as required by the order dated 04.09.2017 in WP (C) No.5403/2017. 7. The aforesaid exercise be done within a period of 1 (one) month from the date of receipt of a certified copy of this order. 8. In terms of the above, this writ petition stands disposed of. 9. It is provided that a post of Assistant Professor (Information Technology/Computer Science) in Pandit Deendayal Upadhya Adarsha Mahavidyalaya, Dalgaon shall not be filled up till such consideration is given by the Director of the Higher Education. 10. Mr. K Nayak, learned State counsel be provided with a copy of this order for taking up the matter with the Chief Secretary for doing the needful as indicated above.