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2018 DIGILAW 483 (GAU)

Dilip Kumar Jha S/o - Sri. Sita Ram Jha v. State of Assam

2018-03-21

ACHINTYA MALLA BUJOR BARUA

body2018
ORDER : ACHINTYA MALLA BUJOR BARUA, J. 1. Heard Mr. R.K Bora, learned counsel for the petitioner and Mr. K. Gogoi, learned Standing Counsel for Higher Education Department. Considering the nature of the order proposed to be passed, notice to the respondent Nos. 3, 4 and 5 is not required to be issued for the present. 2. The petitioner is presently working as an Associate Professor in the Department of English of Lakhimpur Kendriya Mahavidyalaya, Charaimoria, North Lakhimpur, where presently he is also functioning as the Head of the Department. The petitioner intends to participate in a selection process for the post of Principal of Dhemaji Commerce College. For the purpose, he requires a No Objection Certificate (NOC) from the Lakhimpur Kendriya Mahavidyalaya, where he is presently working. In spite of having submitted a representation on 01.02.2018 requesting for a NOC, the authorities in the Lakhimpur Kendriya Mahavidyalaya had not issued the same to the petitioner. It is stated that the interview process for the post of Principal of Dhemaji Commerce College would be held on 27.03.2018 As the NOC has not been issued, it is the apprehension of the petitioner that he would be unduly deprived from participating in the selection process. Therefore, in the aforesaid circumstance, it is the submission of the learned counsel for the petitioner that there is an urgency in this matter and in the event, a consideration is not given for issuing the NOC prior to 27.03.2018, the petitioner will suffer an irreparable loss, which cannot be compensated. 3. Mr. K. Gogoi, learned Standing Counsel for Higher Education Department on the basis of certain instruction, which he had in respect of a similar dispute involving the petitioner as regards issuance of NOC states that there are certain allegations against the petitioner in the Lakhimpur Kendriya Mahavidyalaya and therefore, the NOC had not been issued to him. 4. Be that as it may, it is also an admitted position of the parties that at the same time the Lakhimpur Kendriya Mahavidyalaya had also not refused to issue the NOC to the petitioner by passing any reasoned order. in the circumstance, it is understood that the request of the petitioner for NOC has not been given a consideration by the Lakhimpur Kendriya Mahavidyalaya. 5. in the circumstance, it is understood that the request of the petitioner for NOC has not been given a consideration by the Lakhimpur Kendriya Mahavidyalaya. 5. In the circumstance, it is deemed appropriate that the ends of justice would be met if the Director of Higher Education, Assam gives a hearing to both the petitioner as well as to the Governing Body of Lakhimpur Kendriya Mahavidyalaya, Charaimoria and pass a reasoned order thereon as to whether the petitioner is entitled to a NOC or not. For the purpose, the Director shall give a hearing to the petitioner as well as to the Governing Body of the college and allow them to produce any relevant material that they may desire to produce in order to substantiate their respective claims. 6. As the interview process for Dhemaji Commerce College will be held on 27.03.2018, it is deemed appropriate that the ends of justice would be further met if the aforesaid hearing is given by the Director on 26.03.2018 and thereupon pass a reasoned order either accepting or rejecting the claim of the petitioner for the NOC. In the event, the Director is of the view that the NOC is required to be issued, the Director shall take necessary steps to ensure that the College authorities issues the NOC to the petitioner on the same day itself, so as to enable the petitioner to participate in the selection process. It is also provided that the Director shall inform the college authorities about the order passed today over telephone as well as through WT message informing them that the hearing will take place on 26.03.2018 7. In the event, the College authorities refuses or does not appear on the said date, the Director may pass any order as deemed fit and appropriate. 8. Let a copy of this order be provided to Mr. K. Gogoi, learned Standing Counsel for Higher Education Department. 9. In terms of the above, the writ petition stands disposed of.