North-East Centre for Technology Application and Reach (Nectar) and 3 Ors v. Rakesh Kumar Sarmah

HIGH COURT OF MEGHALAYA AT SHILLONG

MC(WA) No. 80 of 2025 with MC(WA) No. 81 of 2025 MC(WA) No. 82 of 2025 MC(WA) No. 83 of 2025 Date of order: 04.09.2025

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¶4..Applicants

Vs Ankit Shrivastava, S/o Shri V.K. Shrivastava, R/o Old Hospital Campus, MG Road, Khargaon (MP). Presently residing at 101, B4 Tower, Gardenia Glory Apartment, Sector-46 Noida, Uttar Pradesh-201303. ….Respondent

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Serial Nos. 3-6 Daily List

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¶4…..Applicants Vs Simon Phukan, R/o House No.16, MG Road, Uznbazar, Rajbari, Guwahati, Assam. Presently residing at F 103, Pocket A, Near Phase I, DDA Flats, Katwaria Sarai, New Delhi.

….Respondent

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¶4…Applicants Vs Shri Simanta Das, S/o (L) Robin Chandra Das, R/o Survey of India Campus, Barik Point, Shillong

….Respondent

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¶4…..Applicants Vs Shri Rakesh Kumar Sarmah, R/o Survey of India Campus, Barik Point, Shillong-793001.

……Respondent Coram:

Hon'ble Mr. Justice I.P. Mukerji, Chief Justice

Hon'ble Mr. Justice W. Diengdoh, Judge

Appearance in MC(WA) Nos. 80, 81 & 82 of 2025: For the Appellants : Dr. N. Mozika, DSGI with

Ms. K. Gurung, Adv.

For the Respondent : Mr. K. Paul, Sr. Adv with

Mr. S. Chanda, Adv.

Mr. S. Khyriem, Adv.

Mr. B. Snaitang, Adv. Appearance in MC(WA) No. 83 of 2025: For the Appellants : Dr. N. Mozika, DSGI with

Ms. K. Gurung, Adv. For the Respondent : Mr B. Wanswet, Adv.

Vice Mrs. P.D. Bujarbaruah, Sr. Adv.

i) Whether approved for

reporting in Law journals etc.:

ii) Whether approved for publication: in press: Note: For proper public information and transparency, any media reporting this judgment is directed to mention the composition of the bench by name of judges, while reporting this judgment/order.

Having heard learned counsel for the parties and especially the most politely persuasive submission of learned Deputy Solicitor General, each of these applications is disposed of by the following order.

We make the alteration in the last two sentences of the continuing paragraph at page 9 of the judgment and order dated 8th July, 2025 in the following manner. The said two sentences are deleted and substituted by the following:

"The Secretary as Chairman of the Governing Council convened its 9th meeting. The said Council at this meeting cancelled the appointments. This exercise of power by the Governing Council was wrongful and illegal in our opinion."

The first fresh paragraph of page 9 is deleted and substituted by the following:

"The appointments had every feature of legitimacy and validity. It had thus, attained finality. This was reversed at the said 9th meeting of

the Council. Nothing could have been more unfortunate. The career of aspiring students has been jeopardised by this action."

The judgment and order dated 8th July, 2025 is modified to the above extent only.

We direct the Registry to carry out this modification in the original order and to issue fresh certified copies accordingly.

(W. Diengdoh) (Justice I.P. Mukerji)

Judge Chief Justice

Date: 2025.09.04 19:38:18 IST