Authority: Gauhati High Court (High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)

Order Date: 06-11-2026

Case Overview

  • Petitioner: Thubur Sun Swargowari, S/O Tarun Swargowari, residing at Vill. Bengbari, P.O. Bengbari, P.S. Harisinga, Dist. Udalguri, BTAD, Assam (PIN 784523).
  • Respondents:

1. The State of Assam and five others represented by the Commissioner and Secretary to the Government of Assam, Higher Education Department, Dispur, Guwahati-6.

2. The Director of Higher Education Assam, Kahilipara, Guwahati-781019.

3. Principal Secretary BTC, Kokrajhar.

4. The Director of Education BTC, Kokrajhar.

5. The Principal, Tangla College, Tangla, BTC (BTAD) (PIN 784521).

6. The State Public Information Officer, Tangla College, Tangla, BTC, Assam (PIN 784523).

  • Nature of Dispute: Recruitment for the post of Assistant Professor (Banking/Finance) at Tangla College.
  • An advertisement dated 19‑Feb‑2016 invited applications; the petitioner applied, received an admit card, and attended an interview on 12‑Jan‑2017.
  • The petitioner was not selected. A fresh advertisement dated 21‑Aug‑2019 was issued for the same post.
  • The selection process under the 21‑Aug‑2019 advertisement concluded with an Order of Appointment dated 12‑Dec‑2019 appointing Sultan Shamim Ahmed as Assistant Professor (Banking).
  • Petitioner's Relief Sought: Quash and set aside the Advertisement dated 21‑Aug‑2019, arguing that the earlier recruitment process (19‑Feb‑2016) should have been concluded. No challenge was made to the appointment order dated 12‑Dec‑2019.
  • Counsel Appearances: No representation from the petitioner. Respondents were represented by learned Standing Counsel A.R. Tahbildar (Higher Education Dept.), B.C. Mushahary (BTC), and R.S. Chauhan (for respondents 5 & 6).
  • Interim Orders: An interim order was passed on 06‑Sep‑2019 but was vacated by an order dated 25‑Sep‑2026, on the ground that the 19‑Feb‑2016 advertisement was for Assistant Professor (Banking/Finance) whereas the 21‑Aug‑2019 advertisement was for two distinct posts of Assistant Professor (Commerce) – one in Finance and another in Accountancy – and that the earlier recruitment process had already culminated.

Final Outcome

  • The Court observed that the petitioner did not appear on the hearing date and appeared uninterested in pursuing the writ petition.
  • Accordingly, the writ petition (WP(C)/6668/2019) was dismissed for non‑prosecution.

Topics: Legal Proceedings, Higher Education Recruitment