DEEPALI DEVI AND ANR Vs. STATE OF ASSAM AND ORS
LAWS(GAU)-2018-2-7
HIGH COURT OF GAUHATI
Decided on February 01,2018

Deepali Devi And Anr Appellant
VERSUS
STATE OF ASSAM AND ORS Respondents

JUDGEMENT

Manojit Bhuyan, J. - (1.) Facts, very briefly, may be traversed leading to the institution of the present appeals. Way back on 08.02.2003, the Director of Secondary Education, Assam had issued Advertisement for filling up the vacant posts of Post Graduate Teachers in various provincialised Higher Secondary Schools in the State. Consequent to a selection process, Select List dated 27.02.2006 was published. This Select List of 27.02.2006 was assailed by two categories of candidates- one, seeking enforcement of the Select List, the other challenging the same on ground that the selection had not been made in terms of the provisions under the Assam Secondary Education (Provincialised) Service Rules, 1982 (in short, "the 1982 Rules"). The writ petitions stood disposed of on 31.07.2007 whereby a direction was made to the State respondents to fill up the posts (254 posts) in accordance with the 1982 Rules. The said judgment and order dated 31.07.2007 was carried on appeal by some of the candidates whose names appeared in the Select List dated 27.02.2006. Three writ appeals on the same set of facts was disposed of by the Division Bench of this Court on 11.12.2008 with direction to the State authorities to conduct a fresh recruitment process in respect of the 254 posts for which Advertisement dated 08.02.2003 had earlier been issued by subjecting only those candidates who had responded to the said Advertisement within the stipulated time and also who satisfied all other eligible criteria in terms of the said Advertisement. Pursuant thereto, a fresh selection process was initiated, which culminated in the Select List dated 06.04.2013 whereby 216 candidates were selected for the post of Post Graduate Teachers in provincialised Higher Secondary Schools.
(2.) The appellant in WA 236/2017 along with 21 others challenged the Select List dated 06.04.2013 in the related writ petition i.e. WP(C) 2014/2013. The said writ petition was dismissed on 18.11.2016 on the basis of the judgment already rendered in another writ petition i.e. WP(C) 1955/2013 wherein similar challenge was made i.e. to the Select List dated 06.04.2013. Incidentally, the second writ appeal herein i.e. WA 272/2017 is directed against the order dated 15.09.2016 passed in the said WP(C) 1955/2013.
(3.) As the judgment and order dated 15.09.2016 passed in WP(C) 1955/2013 (Shewali Kakoti & 28 Ors. vs. State of Assam and Ors.) is the parent judgment leading to filing of the present appeals, the same may be adverted to. The learned Single Judge noticed that challenge to the Select List dated 06.04.2013 was made primarily on the ground that the same was in violation of the aforesaid judgment of the Division Bench dated 11.12.2008. It was contended that contrary to the direction of the Division Bench, selection process was not conducted as per the 1982 Rules. The learned Single Judge also noted the contentions advanced by the State authorities that the recruitment was redone as per the directions of the Division Bench, in as much as, two Notifications, both dated 04.04.2013 had been issued under Rule 15 of the 1982 Rules relaxing (i) the requirement of publishing Select List constituency-wise, and (ii) doing away with awards of marks for the viva-voce segment. In this respect, the learned Single Judge observed that the said two Notifications, which were brought on record by the State authority through the affidavit-in-opposition filed in WP(C) 1955/2013, no challenge had either been made to its legality and validity or to the competence of the State to issue the said two Notifications. The learned Single Judge also observed that much time has elapsed since issuance of the Advertisement dated 08.02.2003. In course of time, the Recruitment Rules have also undergone change by repeal of the 1982 Rules, replaced by the Assam Secondary Education (Provincialised) Service Rules, 2003. Even the said 2003 Rules have undergone major changes in the year 2012 so as to bring it at par with the eligibility requirement prescribed by the NCTE guidelines. Further, the learned Single Judge observed that in the absence of any grave anomalies or irregularities, the drastic step of cancellation or annulment of the selection process was not called for.;


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