SAMAR JYOTI PHUKAN AND 5 ORS S/O DILEN PHUKAN Vs. STATE OF ASSAM AND 3 ORS
LAWS(GAU)-2018-8-29
HIGH COURT OF GAUHATI
Decided on August 07,2018

Samar Jyoti Phukan And 5 Ors S/O Dilen Phukan Appellant
VERSUS
State Of Assam And 3 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. B. Baruah, learned counsel for the petitioners. Also heard Mr. N. Sarma, learned Standing counsel for the Elementary Education Department.
(2.) The petitioners, amongst others participated in a selection process for appointment as teachers in the provincialised lower primary and upper primary school pursuant to an advertisement dated 21.11.2012. The last date of submission of application form as per advertisement was 10.12.2012. The advertisement further provided that preference would be given to those having B.E.d degree or two years diploma in Elementary Education (D El.Ed) from recognized institutes. The petitioners admittedly did not have their B.Ed or D El.Ed degree as on the last date of submission of the application, but obtained the qualification prior to the interview that was held. Accordingly, the necessary testimonials indicating the B.E.d degree/ D. El.Ed were produced in the interview and the same was taken into account for the purpose of selection.
(3.) In the said selection process, the petitioners were selected and appointed as per the order dated 28.06.2013. After the petitioners were appointed, the respondent authorities issued a show-cause notice dated 12.05.2016 requiring them to appear before an Enquiry Committee on 17.05.2016 along with all relevant documents. In the notice, it is stated that the enquiry was undertaken in connection with another writ petition being WP(C) No.3472/2013 which was preferred by one Mrs. Minu Saikia and others.;


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