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WA 182/2016. Gauhati High Court

Judgment Cited in Precedent Map Related
Vincent
Case NumberWA 182/2016
Judgement DateJune 15, 2018
CourtGauhati High Court

I N THE GAUHATI HI GH COURT,

(THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)

Writ Appeal No.182 of 2016

APPELLANT:

Governing Body of Burhinagar Junior College

represented by its President Sri Madhab Chandra Rajbongshi, S/ o Late Puwa Ram Das, R/ o Mangaldai ,

PO & P.S. Mangaldai, District Darrang, Assam.

RESPONDENTS:

  1. The State of Assam

represented by the Commissioner & Secretary, Govt. of Assam Education (Secondary) Dispur, Guwahati-6 District Kamrup Assam & others

BEFORE

HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH

HON’BLE MR. JUSTI CE MANOJI T BHUYAN

For the appellant: Ms. N Saikia and Ms.L Borgohain, learned counsel

For the respondents: Mr.KN Choudhury, learned senior counsel, assisted by Mr.M Mahanta, learned counsel.

Date of hearing & judgment: 15.6.2017

JUDGMENT AND ORDER

( Aj it Sin gh , C.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.

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

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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...

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