PIJULATA KALITA Vs. STATE OF ASSAM AND 6 ORS
LAWS(GAU)-2018-11-32
HIGH COURT OF GAUHATI
Decided on November 15,2018

Pijulata Kalita Appellant
VERSUS
State Of Assam And 6 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. R Sarma, learned counsel for the petitioners. Also heard Mr. N Sarma, learned Standing counsel, Secondary Education Department.
(2.) On 31.01.1996 an advertisement was issued inviting applications for filing up certain vacant post of LP School teachers under Bodoland Autonomous Council in the Bajali Sub-Division. The petitioner participated in the said selection process and consequent thereof a select list dated 29.05.1996 was published. As no appointments were forthcoming some similarly situated persons preferred a writ petition before this Court which was numbered as Civil Rule No.6016/1996. The said petition was given a final consideration by the Judgment and Order dated 30.07.1997 by which the Director of Elementary Education in the Bodoland Autonomous Council was directed to exercise his discretion under Rule 3(5) of the Assam Elementary Education (Provincialisation) Rules of 1977.
(3.) Against the said order a review was preferred by the State respondent authorities being Review Application No.86/1998, which was given a final consideration by the Judgment and Order dated 20.01.1999, by which the review was dismissed. As nothing further was done some other similarly situated persons had preferred another writ petition being WP(C)No.4987/1999 wherein by the Judgment and Order dated 24.05.2001 it was held that some of the petitioners therein are entitled to appointment as per the select list dated 29.05.1996. Accordingly, those persons who were declared to have been entitled for appointment were appointed. In the circumstances, when some of the persons from the select list dated 29.05.1996 were appointed, the petitioner along with others had preferred a writ petition being WP(C) No.6362/2007 which was given a final consideration by the Judgment and Order dated 28.05.2008 by which it was observed that the authorities were still authorized under the law to make the appointment from the select list dated 29.05.1996. After the said Judgment and Order certain process were initiated by the respondent authorities for making the appointment pursuant to the select list dated 29.05.1996. But the said process ultimately culminated in the order dated 16.03.2013 of the Principal Secretary, Bodoland Territorial Council whereby it was concluded that the select list dated 29.05.1996 cannot be further acted upon, as in the meantime, a period of one and half decade had elapsed. In the circumstances, the petitioner prefers the present writ petition against the order dated 16.03.2013.;


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