WP(C) 3873/2010 BEFORE HON’BLE MR.JUSTICE MANOJIT BHUYAN Heard Mr. A.R.Bhuiyan, learned counsel for the petitioner as well as Mr. M. Khat aniar, learned counsel representing the Governing Body and Principal of Barpeta Bongaigaon College i.e. respondent nos. 3 and 4. State is represented by Mr. M. Mahanta, learned counsel. Having regard to the issues involved and pleadings already on record, th ere is no necessity to keep this case pending any further and, therefore, is tak en up for final disposal. According to the petitioner Eusof Ali Ahmed, he had been appointed as Le cturer in the Department of Economics at Barpeta Bongaigaon College Langla upon due Resolution of the Managing Committee of the said College. Be it mentioned that the College in question is at a venture stage. It is the case of the petiti oner that although he was appointed vide appointment letter dated 29.8.2000 (Ann exure-B) and discharging functions, the Governing Body of the College prevented him from putting his signature in the Teachers Attendance Register just on the e ve of selection of the College for grant of financial assistance for the sessio n 2009-10. The representations filed by the petitioner before the Governing Body and before the Director of Higher Education fell into deaf ears and during the said period the respondent no.5 i.e Mozzammil Hussain was appointed as Lecturer in Economics. The petitioner alleges that the action of the Governing Body in n ot allowing him to attend his duties and/ or to sign in the Teachers Attendance Register is wholly illegal, in that, until this date he has not been informed a s to the reason why he was prevented from doing so. Although the petitioner has made a prayer for setting aside the appointment of the respondent no.5, however , the copy of the order is not part of the writ petition. The Principal of Barpeta Bongaigaon College has filed affidavit-in-oppos ition denying the statements made in the writ petition. Categorical mention is m ade to the fact that Barpeta Bongaigaon College and its Principal/ Secretary had issued an Advertisement dated 29.7.2000 inviting applications from eligible can didates having UGC norms for the post of Lecturers including that of Economics. Pursuant to the interview held on 14.8.2000, one Anwar Hussain was placed in the first position and accordingly said Anwar Hussain was appointed as Lecturer in Economics on 8.9.2000. The respondent no.4 i.e. Principal also has made a statem ent that since the petitioner was placed at serial no.3 in the merit position pu rsuant to the Advertisement dated 29.7.2000, he was never issued any appointment letter and the appointment letter annexed to the writ petition is out and out a fabricated and a manufactured document. According to the said respondent no.4 , since the writ petitioner was never issued any appointment letter, as such the question of not allowing the petitioner to put his signature does not arise at all. The respondent no.5 i.e. Mozzammil Hussain has also contested this proc eedings by filing affidavit-in-opposition stating that his appointment as Lectur er of Economics came about pursuant to Advertisement dated 25.3.2005 issued by the Principal of Barpeta Bongaigaon College, Langla. According to the said respo ndent no.5, the selection was made by a Selection Committee and thereafter, by Resolution dated 17.8.2006, the Governing Body of the College had resolved to g ive appointment to the selected candidates in the respective departments, which also included the case of the respondent no.5. The said respondent no.5 was issu ed Appointment Letter on 1.9.2006 and on the very same day had joined as Lecture r in Economics. Having noticed the facts above, and the pleadings made on oath, it is cl ear that the petitioner had never been appointed as a Lecturer of Economics at B arpeta Bongaigaon College, Langla. Unlike the appointments made in respect of on e Anwar Hussain and Mozzammil Hussain (respondent no.5), the petitioner has no t been able to show any Resolution passØd by the Governing Body of the College t owards his appointment as Lecturer of Economics. Rather, it appears from the aff idavit-in-opposition filed by the respondent no.4, i.e. Principal of the College , that the petitioner had participated in the selection process pursuant to the Advertisement dated 29.7.2000 and was placed in the 3rd position in order of mer it. For whatever reasons that may have actuated the petitioner to file the p resent proceedings, however, there is no gain-saying that the petitioner was nev er in the roll of Barpeta Bongaigaon College, Langla as Lecturer of Economis. Th e writ petition being without any merits, the inevitable conclusion is that the same has to be dismissed, which is accordingly done. In view of the above, the writ petition is dismissed, however, without a ny order as to costs.