LAWS(GAU)-2008-12-21

JOYNAB AHMED Vs. SAHIDUR RAHMAN

Decided On December 10, 2008
JOYNAB AHMED Appellant
V/S
SAHIDUR RAHMAN Respondents

JUDGEMENT

(1.) THE appellants in writ appeal No. 256/2006, who are the respondent Nos. 6 and 7 in W. P. (C) No. 433/2000, have filed the appeal challenging the judgment and order dated 22. 06. 2006 passed by the learned Single Judge in the said writ petition, whereby and whereunder the learned Single Judge has set aside their appointments as Assistant Teacher in L. P. Schools in the district of Barpeta and directing consideration of respondent Nos. 1 and 2 (writ petitioner Nos. 1 and 2 in the said writ petition) against the posts held by the appellants in the said appeal, on the ground that the appellants received lower marks in the selection held for that purpose than the respondent Nos. 1 and 2. The writ petitioner No. 3 in the said writ petition has preferred W. A. No. 132/2008 challenging the said judgment and order passed by the learned Single Judge in not setting aside the whole selection process including the select list prepared thereof and in setting aside the appointments of respondent Nos. 6 and 7 only (appellants in W. A. No. 256/2006) and in directing consideration of the names of writ petitioner Nos. 1 and 2 for appointment against such posts.

(2.) WRIT Petition (C) No. 433/2000 has been filed by the respondent Nos. 1 to 4 in W. A. No. 256/2006 (the writ petitioner No. 3 is the appellant in W. A. No. 132/2008) challenging the legality and validity of the select list prepared and published by the District Elementary Education Officer and the Deputy Inspector of Schools, Barpeta in the year 1999 for the purpose of appointment to the posts of Assistant Teacher in L. P. , M. E. and M. V. Schools and also the appointments of the respondent Nos. 6 and 7 therein (appellants in W. A. No. 256/2006) as well as the respondent No. 8 and also for a direction to prepare the select list afresh, contending inter-alia, that pursuant to an advertisement dated 28. 12. 1996 issued by the Director, Elementary Education, Assam inviting applications for appointment of 7500 (seven thousand five hundred) Assistant Teachers for L. P. , M. E. and M. V. Schools in the State of Assam, the writ petitioners applied for the post of L. P. and M. E. School Teachers under Barpeta district but the authority without showing the merit position and the marks obtained by the different candidates prepared and published a select list in the Office of the Deputy Inspector of Schools, Barpeta in the last week of December, 1999 for L. P. School teachers and started issuing the appointment letters without considering the merit of the candidates and in complete violation of the provisions of the Assam Elementary Education (Provincialisation) Rules, 1977 (in short, "1977 Rules" ). It has further been contended in the said writ petition that the respondent Nos. 6, 7 and 8 therein have been appointed as Assistant Teachers in different L. P. Schools in the district of Barpeta ignoring the writ petitioners though they recieved higher marks than the said respondents in the H. S. L. C. Examination and such appointments have been made on political consideration without considering the merits of the respective candidates. According to the writ petitioners, the selection was made in violation of the 1977 Rules read with the criteria/mythology prescribed by the Government in the guideline dated 28. 04. 1997 issued by the Secretary to the Government of Assam in the Education Department for selection of candidates for the post of teachers in primary and middle schools. The further contention of the writ petitioners in the writ petition is that as they secured high marks in the H. S. L. C. Examination than the respondent Nos. 6 to 8 therein, the authority was required to give them more marks, on a scale of one hundred, than the respondent Nos. 6 to 8 as stipulated in the guideline.

(3.) THE respondent Nos. 6 and 7 (appellants in W. A. No. 256/2006) contested the writ petition by filing affidavit-in-opposition contending inter-alia that they have been appointed as Assistant Teacher in L. P. Schools under Barpeta district pursuant to the selection conducted under the provisions of the 1977 Rules and on the basis of their position in the merit list prepared by the Selection Board and as published by the authority. They said respondents in their respective affidavits have denied the allegation of violation of any rules or the guidelines and has contended that the selection was conducted strictly in terms of the statutory rules and the guideline issued for that purpose. No affidavit-in-opposition has been filed by the State respondents in the writ petition, which necessitated the learned Single Judge to cause production of the records in original particularly the tabulation sheets showing the award of marks to different candidates, who had appeared in the selection test.