Prof. Guru Prasad Khataniar v. The State of Assam and 7 Ors

ORDER

23.09.2024 (S.K. Medhi

, J.) Heard Shri M. Sarma, learned counsel for the applicant. Also heard Shri S. Bhuyan, learned Standing Counsel, Higher Education Department; Shri A. Dey, learned counsel appearing on instructions of Shri PJ Phukan, learned Standing Counsel, Gauhati University and Shri J. Patowary, learned counsel, Bhattadev University and its Officers – respondent nos. 3, 4 and 5. Page No.# 3/4

¶2By the instant application, the applicant / appellant has prayed for suspension of an advertisement dated 17.08.2024 issued by the respondent no. 3 - the Bhattadev University. The said advertisement is for filling up of the post of Registrar of the University.

¶3It is the case of the applicant that while on probation, he was relieved from the service which was the subject matter of the writ petition which was dismissed and the connected WA/269/2024 is preferred against the aforesaid order of dismissal.

¶4It is submitted that if the present recruitment process is continued, prejudice would be suffered to the applicant and therefore, he has prayed for stay of further proceeding.

¶5Shri Patowary, learned counsel for the respondent nos. 3 to 5 has however submitted that the applicant is substantively appointed with the Gauhati University and was working on probation with the Bhattadev University in lien. However, in the said period, gross misconduct was detected and therefore he was relieved from service. It is also submitted that such order of relieve was unsuccessfully challenged in the writ petition WP(C)/712/2023 and the writ appeal is pending. He has also submitted that when the applicant's substantive appointment in the Gauhati University is intact which he has also rejoined, there is no reason for staying the present process of appointment of the post of Registrar of the said University. He has otherwise informed this Court that vide a corrigendum issued in the news paper, namely, Niyomiya Barta, an Assamese Daily in its issue dated 24.08.2024, it has been clarified that appointment made pursuant to the advertisement dated 17.08.2023 would be subject to the outcome of WA/269/2024. Page No.# 4/4

¶6Shri Bhuyan, learned Standing Counsel, Higher Education Department, Government of Assam endorses the views expressed on behalf of the Bhattadev University.

¶7In view of the above, having been satisfied that the rights and interest of the applicant, if any, would otherwise be protected by the corrigendum published on 24.08.2024 in the news paper, no orders are required to be passed in this application.

¶8The I.A. accordingly stands closed.

¶9A copy of the news paper dated 24.08.2024, which has been placed before this Court, is made a part of the records.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010172332024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2697/2024oo in WA/269/2024 PROF.oGURUoPRASADoKHATANIARo S/O-oLATEoRAJANIoKANTAoKHATANIAR,oR/O-oKRISHNAoNAGAR,oNEARo HOLYoCHILDoSCHOOL,oGHY-o781003 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM,o EDUCATIONo(HIGHER)oDEPTT,oKAHILIPARA,oGHY-o19 2:THEoDIRECTORoOFoHIGHERoEDUCATION oASSAM oKAHILIPARA oGHY-o19 3:THEoBHATTADEVoUNIVERSITY oREP.oBYoITSoVICEoCHANCELLOR oBAJALI oPATHSALA oPIN-o781325 oASSAM 4:THEoREGISTRARo(INoCHARGE) oBHATTADEVoUNIVERSITY oBAJALI oPATHSALA oPIN-o781325 oASSAM 5:THEoEXECUTIVEoCOUNCILoOFoBHATTADEVoUNIVERSITY Page No.# 2/4 REP. BY ITS EX OFFICIO MEMBERS BAJALI PATHSALA PIN- 781325 ASSAM 6:THE GAUHATI UNIVERSITY REP. BY ITS VC GHY- 14 7:THE REGISTRAR GAUHATI UNIVERSITY GHY- 14 8:PROF. BIRINCHI KUMAR DAS VC BHATTADEV UNIVERSITY HOUSE NO. 3A KAILASHPUR MAIN BYE LANE LANKESWAR JALUKBARI GUWAHATI 781014 ASSA Advocate for the Petitioner : MR. M K CHOUDHURY, MR. M SARMA,MR P BHARADWAJ Advocate for the Respondent : SC, HIGHER EDU, SC, G U BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE MITALI THAKURIA