Decided on February 22,2018

Krishna Kumar Singha And 3 Ors Appellant
State Of Assam And 9 Ors Respondents


Achintya Malla Bujor Barua, J. - (1.) Heard Ms. B. Devi, learned counsel for the petitioners and Mr. J. Abedin, learned Standing Counsel for the Secondary Education Department of the Government of Assam. By the order dated 10.08.2017, service of notice on the respondent Nos. 4 to 8 were accepted to be complete. Further, office note dated 21.07.2014 indicates that the service of notice on respondent Nos. 9 and 10 are also complete. In spite of service of notice, none appears for the said respondents.
(2.) An advertisement dated 10.10.2012 was issued by the Principal In-charge of Chaparmukh B.B Hansaria Higher Secondary School inviting applications for filling up three posts of Grade-IV in the school. The petitioners along with others submitted their candidature pursuant to the aforesaid advertisement. It is stated that the father of the petitioners No.1, 2 and 3 earlier served as Grade-IV employees in the B.B Hansaria Higher Secondary School, Chaparmukh and had retired from service in December, 2007, February, 2009 and December, 2005 respectively. The interview was scheduled for being held on 18.10.2012, but the Selection Committee had decided to hold a written test and also interview on 16.12.2012. The petitioners along with others participated in the written test as well as the oral interview. Although, no results were declared, but the petitioners came to know on 13.05.2013 that the respondent Nos. 8, 9 and 10 were selected for the three posts of Grade-IV. Accordingly, the petitioners sought for the required information under the RTI Act of 2005. Upon receiving the RTI information, the petitioners could learn that the respondent No.8 Bitupaban Das is the son of the President of the Managing Committee of the school, the respondent No.9 Jatin Bora is a close relative of the Chairman of the Selection Committee and the respondent No.10 Hiranya Bordoloi is a cousin of the Principal of the said school. The appointment of the respondent Nos. 8, 9 and 10 have been assailed in this writ petition.
(3.) Mr. J. Abedin, learned Standing Counsel for the Education Department has produced the record of the selection. From the record, it is submitted that although the respondent No.8 is the son of the President of the Managing Committee of the School, but the President had rescued himself from participating in the selection process and accordingly by a resolution dated 08.12.2012, another person namely Sri Jonardan Saikia was nominated to be the Chairman of the Selection Committee. Further, the record does not indicate that the respondent No.10 is anyway related to the Principal of the College.;

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