WP(C) 5279/2008 BEFORE HON’BLE MR JUSTICE AMITAVA ROY This is the second round of litigation for the petitioner. His grievance pertai ns to the inaction on the part of the authorities of the B.N.College, Dhubri (h ereafter referred to as the ’College’) regarding his appointment to the post of Lecturer in Statistics. I have heard Mr UK Nair, learned counsel for the petitioner and Mr MK Mishra, learned Standing Counsel, Education Department. For the order which I propose to pass, it is considered inessential to issue formal notice to the Respondent Nos 3,4 and 5. Briefly stated, the petitioner’s pleaded case is that, he along with o thers had responded to the advertisement dated 23.11.1999 issued by the Principa l of the College inviting candidature for the aforementioned post. The Selection Committee constituted by the college on completion of the exercise, prepared a panel of three candidates for the post in which, the respondent No.5 and the pe titioner figured at Sl Nos 1 and 2 respectively. The Governing Body of the Colle ge in its meeting held on 28.6.2000 in its wisdom resolved to appoint the pet itioner on a consideration of relevant facts as recorded therein and forwarded t he resolution to the Director of Higher Education, Assam for his approval. At th at stage, the respondent No.5 being aggrieved, approached this Court with WP( C ) No.4318/2000 which was eventually disposed of on 22.12.2003 sustaining the cha llenge. The impugned resolution recommending the petitioner tobe appointed was interfered with and the matter was remitted to the Governing Body of the Colleg e for an appropriate decision. This time the Governing Body of the College reco mmended the respondent No.5 and following the approval of the Director of Highe r Education, he was offered appointment on 7.5.2008. This order has been append ed to the instant writ petition as Annexure-5. The petitioner has asserted on oath that in the meantime, the respondent No.5 ha d taken up an assignment with the Public Works Department of the State and conse quently he had neither accepted the offer of appointment nor joined the post. As the petitioner’s representation before the Governing Body of the college expre ssing his inclination to be inducted to the post in the attendant facts, has bee n left unattended for long, he is before this Court for redress. Mr Nair has urged that in the above factual premise having regard to the litigational background, it is the solemn duty of the Governing Body of the col lege to offer appointment of the post of Lecturer in Statistics to the petitione r and its omission to do so amount to failure on its part to discharge a legal d uty. As the Respondent No.5 inspite of the offer being made to him has preferr ed not to join the post, the selection on the basis of which the petitioner cla ims appointment still subsists and therefore, an appropriate direction ought to be issued to the respondents for ameliorating his grievance. Mr Mishra submits that in the factual backdrop narrated in the petition, it would be appropriate if this proceeding is closed with a direction to the Go verning body of the College to take an appropriate decision on the petitioner’s representation . This is more so, as the concerned State authority at this stage without any recommendation of the Governing body of the College has no role to discharge. After hearing the learned counsel for the parties and on a consideration of the materials on record, I am inclined to concur with the course as suggeste d on behalf of the State respondents. In the above view of the matter, this petition stands disposed with a di rection to the Governing Body of the College to take an appropriate decision on the representation of the petitioner dated 19.11.2008. As the petitioner waits in expectation the exercise as ordered should be completed within a period of tw o(2) weeks from the date of receipt of the certified copy of this order. It is made clear that this Court has not offered any comment on the merit of the petit ioner’s claim and it would be within the discretion and authority of the Gover ning Body of the college to take an appropriate decision in the matter, howeve r, in accordance with law. No costs.