Page No.# 1/11

GAHC010137122024

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3475/2024

NITISH BHARDWAJ

S/O- DEBEN BORDOLOI

R/O- PARLAY RESIDENCY

FLAT NO. B5A

H.S. COMPLEX

JAYANAGAR

P.O. KHANAPARA

DIST. KAMRUP(M)

ASSAM

VERSUS

THE STATE OF ASSAM AND 2 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY

DEPARTMENT OF HIGHER EDUCATION

GOVT. OF ASSAM

DISPUR

GUWAHATI-781006.

2:THE DIRECTOR OF TECHNICAL EDUCATION

KAHILIPARA

GUWAHATI-781019.

3:THE ASSAM PUBLIC SERVICE COMMISSION

REPRESENTED BY ITS CHAIRMAN

JAWAHAR NAGAR

GUWAHATI-781022

ASSAM

------------

Advocate for : MR S BORTHAKUR

Advocate for : SC

APSC appearing for THE STATE OF ASSAM AND 2 ORS Page No.# 1/11

GAHC010137122024

undefined

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3475/2024

NITISH BHARDWAJ

S/O- DEBEN BORDOLOI

R/O- PARLAY RESIDENCY

FLAT NO. B5A

H.S. COMPLEX

JAYANAGAR

P.O. KHANAPARA

DIST. KAMRUP(M)

ASSAM

VERSUS

THE STATE OF ASSAM AND 2 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY

DEPARTMENT OF HIGHER EDUCATION

GOVT. OF ASSAM

DISPUR

GUWAHATI-781006.

2:THE DIRECTOR OF TECHNICAL EDUCATION

KAHILIPARA

GUWAHATI-781019.

3:THE ASSAM PUBLIC SERVICE COMMISSION

REPRESENTED BY ITS CHAIRMAN

JAWAHAR NAGAR

GUWAHATI-781022

ASSAM

------------

Advocate for : MR S BORTHAKUR

Advocate for : SC

APSC appearing for THE STATE OF ASSAM AND 2 ORS

Page No.# 2/11

Linked Case : WP(C)/3356/2024

DR. PLABAN BORA AND 2 ORS

S/O- DHANESWAR BORA

R/O- AHOM GAON

P.O- SAWKUCHI

P.S- GORCHUK

DIST- KAMRUP (M)

ASSAM

2: DR. MINAKSHI GOHAIN

D/O- DILIP GOHAIN

R/O- MOHANBARI BAZAR TINIALI

P.O- MOHANBARI A/F

P.S- LAHOWAL

DIST- DIBRUGARH

ASSAM

3: ANKUR DAS

S/O- LATE BIRENDRA NATH DAS

R/O- CHANDRAPUR

WARD NO-8

P.O AND P.S- BARPETA ROAD

DIST- BARPETA

ASSAM

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY

TO THE GOVT. OF ASSAM

DEPARTMENT OF EDUCATION (HIGHER) DISPUR

GUWAHATI KAMRUP (M)

ASSAM

Page No.# 3/11

PIN NO- 781006

2:THE DIRECTOR OF TECHNICAL EDUCATION

KAHILIPARA

GUWAHATI

KAMRUP (METRO)

ASSAM

PIN NO.- 781019

3:THE ASSAM PUBLIC SERVICE COMMISSION (APSC)

REPRESENTED BY ITS CHAIRMAN

JAWAHARNAGAR

KHANAPARA

GUWAHATI-22

KAMRUP (M)

ASSAM

4:ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE)

REP. BY ITS MEMBER SECRETARY

NELSON MANDELA MARG

VASANT KURI

NEW DELHI-67

5:TEZPUR UNIVERSITY

REP. BY THE REGISTRAR OF TEZPUR UNIVERSITY

P.O- NAPAM

DIST- SONITPUR

ASSAM

PIN-784028

------------

Advocate for : MR S BORTHAKUR

Advocate for : SC

HIGHER EDU appearing for THE STATE OF ASSAM AND 4 ORS

Linked Case : WP(C)/3346/2024

NAMITA BORUAH AND ANR

D/O- BASANTA BORUAH

R/O- HOSPITAL ROAD

TEOK

P.O. AND P.S. TEOK

DIST. JORHAT

ASSAM

Page No.# 4/11

2: PARTHA PRATIM PAUL

S/O- PRADIP KUMAR PAUL

R/O- HOUSE NO. 27

ITKHOLA SUKHODAPALLY

SILCHAR

DIST. CACHAR

ASSAM

VERSUS

THE STATE OF ASSAM AND 4 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY

DEPARTMENT OF HIGHER EDUCATION

GOVT. OF ASSAM

DISPUR

GUWAHATI-781006.

2:THE DIRECTOR OF TECHNICAL EDUCATION

KAHILIPARA

GHY-781019.

3:THE ASSAM PUBLIC SERVICE COMMISSION

REPRESENTED BY ITS CHAIRMAN

JAWAHAR NAGAR

GHY-781022

ASSAM

4:ALL INDIA COUNCIL FOR TECHNICAL EDUCATION

REPRESENTED BY ITS MEMBER SECRETARY

NELSON MANDELA MARG

VASANT KURI

NEW DELHI-110067.

5:NATIONAL INSTITUTE OF TECHNOLOGY

SILCHAR

REP. BY ITS DIRECTOR

NATIONAL INSTITUTE OF TECHNOLOGY

SILCHAR

CACHAR

ASSAM

PIN- 788010.

------------

Advocate for : MR S BORTHAKUR

Page No.# 5/11

Advocate for : SC

HIGHER EDU appearing for THE STATE OF ASSAM AND 4 ORS

Linked Case : WP(C)/3525/2024

BISWAJIT SHYAM

S/O MR. LALIT SHYAM

R/O OUGURI SHYAM VILLAGE

P.O.-OUGURI

P.S.-SONARI

DIST-CHARAIDEO

ASSAM

VERSUS

THE STATE OF ASSAM AND 2 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY

DEPARTMENT OF HIGHER EDUCATION

GOVERNMENT OF ASSAM

DISPUR

GUWAHATI-06

2:THE DIRECTOR OF TECHNICAL EDUCATION

DIRECTORATE OF TECHNICAL EDUCATION

KAHILIPARA

GUWAHATI-19

3:THE ASSAM PUBLIC SERVICE COMMISSION

BEING REPRESENTED BY ITS CHAIRMAN AND HAVING ITS OFFICE AT

JAWAHAR NAGAR

GUWAHATI-781022

ASSAM

------------

For the Petitioners : Mr. S. Borthakur, Advocate.

Mr. N. N. B. Choudhury, Advocate.

Mr. B. P. Borah, Advocate.

For the Respondents : Mr. D. Upamanyu, SC, Higher Education.

Mr. K. P. Pathak, SC, AICTE.

Page No.# 6/11

Mr. P. P. Dutta, SC, APSC.

Mr. S. P. Choudhury, SC, NIT.

BEFORE

HON’BLE MR. JUSTICE SUMAN SHYAM

Date of hearing : 29.10.2024.

Date of judgment : 29.10.2024.

JUDGMENT & ORDER (Oral)

Heard Mr. S. Borthakur, learned counsel for the writ petitioners in WP(C)

No.3346/2024 and WP(C) No.3475/2024; Mr. N. N. B. Choudhury, learned counsel for

the writ petitioners in WP(C) No.3356/2024 and Mr. B. P. Borah, learned counsel for

the writ petitioner in WP(C) No.3525/2024. Also heard Mr. P. P. Dutta, learned Standing

Counsel, Assam Public Service Commission appearing for the respondents in all these

case. Mr. D. Upamanyu, learned Standing Counsel, Higher Education Department,

Assam; Mr. K. P. Pathak, learned Standing Counsel, AICTE and Mr. S. P. Choudhury,

learned Standing Counsel, NIT are also present.

2. Since common questions of law and facts are involved in all these four writ

petitions, hence, the same are being taken up for disposal by this common order.

3. The facts of the case, in a nutshell, are that on 25.05.2017 the Assam Public

Service Commission (APSC), through its Deputy Secretary, had issued an

advertisement notice, bearing No.05/2017 dated 25.05.2017, inviting applications for

filling up of a number of posts in the State Engineering Colleges and Polytechnics of

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Assam coming under the Higher Education (Tech) Department. The posts so

advertised included 66 no. of posts of Assistant Professor (Technical) in 9 different

subjects in the Engineering Colleges of Assam. In terms of the advertisement dated

25.05.2017, the writ petitioners in these four writ petitions had applied for recruitment

against those 66 posts of Assistant Professor in the Engineering Colleges of Assam.

After the screening test was held to shortlist the candidates, a writ petition being

WP(C) No.6005/2021 was instituted before this Court by some candidates inter-alia

alleging that some of the candidates who did not possess the requisite qualifications

were allowed to participate in the selection process in a manner which was not in

accordance with the rules. Taking note of the plea raised by the petitioners in WP(C)

No.6005/2021 the learned Single Judge had passed an order dated 12.11.2021

permitting the APSC to proceed with the selection process but restrained it from

declaring the results without the leave of the Court. The APSC was permitted to

proceed after proper verification of the candidature of the respective candidates

pertaining to the department for which they had applied for before allowing them to

participate in the selection process. The APSC had accordingly, constituted an Expert

Committee so as to verify the qualification of the candidates who had applied for

these posts and thereafter, as per the recommendation of the Expert Committee

dated 17.11.2021, the list of eligible candidates were published which included the

names of the writ petitioners. The said list was again put to challenge by filing an

interlocutory application in WP(C) No.6005/2021 as a result of which, the matter did

not proceed further. It appears that this Court had issued a further direction to the

APSC to once again verify the candidature of all the eligible candidates. Thereafter,

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on 16.05.2024, an order was passed by this Court in WP(C) No.6005/2021 laying down

certain guidelines so as to take the selection process to its logical conclusion. The

operative part of the order dated 16.05.2024 is reproduced herein below for ready

reference :-

“36. In view of the conclusions reached herein above; this Court is of the

considered view that the stalemate as continuing with regard to the selection

process against the posts of Assistant Professor(Technical) need not be

permitted to be continued any further and the petitioners having been found

to be ineligible for being called for the viva voce/interview segment of the

selection process, and no further material coming on record to indicate the

existence of any further illegality in the said selection process; this Court passes

the following directions:

(i). The Assam Public Service Commission(APSC) authorities would now

proceed to publish the list of the qualified candidates against the posts

of Assistant Professor(Technical) as short-listed by the Expert Committee,

in pursuance of the directions passed in the present proceeding by this

Court by its earlier orders, and thereafter, proceed with the matter and

hold viva voce/interview for such short-listed candidates strictly in

accordance with the procedure as mandated in the matter.

(ii). On conclusion of the said viva voce/interview segment of the

selection process; the Assam Public Service Commission(APSC)

authorities shall duly publish the select list and recommend the names of

the candidates now found eligible for appointment against the posts of

Assistant Professor(Technical) as advertised vide the Advertisement,

dated 25.05.2017, to the Government for further necessary action in the

matter.

(iii). The above exercise as now required to be carried-out in terms of the

directions passed by this Court herein above, shall be so initiated and

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completed within a period of 2(two) months from the date of receipt of

a certified copy of this order.”

4. In terms of the order dated 16.05.2024, the APSC had on 27.06.2024, prepared

a list of candidates for interview. However, the names of the writ petitioners were not

included in the aforesaid list of candidates short-listed for interview. As such, the writ

petitioners had approached this Court by filing the present batch of writ petitions

wherein, interim orders were passed provisionally permitting them to participate in the

interview process on an assumption that they were possessing the requisite

educational qualifications for the posts so applied for. Accordingly, all the writ

petitioners had appeared before the interview board.

5. In the meantime, during the pendency of these Writ Petitions, on 07.10.2024

the Government of Assam had published a notification pertaining to the equivalence

of various courses for the purpose of recruitment in any department/board/

organization/committee under the Government of Assam. As per the notification

dated 07.10.2024, it is now clear that the writ petitioners herein did possess the

equivalent qualification for being recruited in the post of Assistant Professor

(Technical) as per the advertisement notice dated 25.05.2017.

6. Mr. B. P. Borah, learned counsel for the petitioners submits that the notification

dated 07.10.2024 is in consonance with the notification dated 28.04.2017 issued by All

India Council for Technical Education (AICTE) which is the final authority in the

country for determining equivalence of courses. Thus, it is apparent from the materials

brought to the notice of the Court that not only has the AICTE clarified the matter

even before the date of issuance of the advertisement notice dated 25.05.2017

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according to which, the writ petitioners did possess equivalent qualification of

postgraduate degree i.e. masters degree in the relevant subjects but the said position

has been affirmed even by the State of Assam by issuing the notification dated

07.10.2024. If that be so, there can be no doubt about the fact that all the writ

petitioners did possess the requisite qualification and therefore, could not have been

debarred from appearing in the interview process based on their merit position,

emerging from the screening test.

7. Mr. Dutta, learned Standing Counsel, APSC has fairly submitted that the writ

petitioners who have got selected will be entitled to be appointed. Mr. Dutta has,

however, added that the relief granted by this Court at this stage be confined only to

these petitioners who have approached this Court by filing the writ petitions and

subject to their ultimate merit position in the final select list. Mr. Dutta has also clarified

that out of the total number of writ petitioners one petitioner in WP(C) No.3356/2024

viz., Dr. Plaban Bora; both the writ petitioners in WP(C) No.3366/2024 viz., Smt. Namita

Boruah and Sri Partha Pratim Paul; the sole writ petitioner in WP(C) No.3475/2024 viz.,

Sri Nitish Bharadwaj (in one subject i.e. Mechanical Engineering) and the sole writ

petitioner in WP(C) No.3525/2024 viz., Sri Biswajit Shyam have passed in the final

interview and therefore, would be eligible for being appointed. The learned counsel

for the writ petitioners have also gracefully agreed to the said submission.

8. In view of the above, these writ petitions stand disposed of by granting leave

to the APSC to take appropriate steps for declaration of the results of the writ

petitioners and make recommendation, as per the merit position of the selected

Order downloaded on 04-08-2025 10:06:22 PMPage No.# 11/11

candidates, to the appointing authorities. The aforesaid exercise be carried out and

completed as expeditiously as possible, preferably within a period of 30 days from the

date of receipt of a certified copy of this order.

With the above observation, these writ petitions stand disposed of.

JUDGE

T U Choudhury/Sr.PS

Comparing Assistant