JUTHIKA TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition has been filed challenging the resolution No. 5 of the Governing Body of Bajali College shown to be adopted in its meeting dated 22.12.2003 resolving to appoint the respondent No. 5, Sri Bipul Kakati, as Lecturer in Assamese against a non-sanctioned post, pursuant to an advertisement dated 09.11.2003 issued by the College Authority, without publication of merit list and by showing adoption of such resolution as well as ignoring the merit list prepared by the Selection Committee constituted for that purpose.

(2.) An advertisement dated 09.11.2003 was issued by the Principal, Bajali College, Pathsala calling for applications for selection to different posts, including 1 (one) post of Lecturer in Assamese, which is a non-sanctioned post, pursuant to which the petitioner, the respondent No. 5 and others offered their candidatures. The candidates including the petitioner were thereafter, called for interview and accordingly they appeared before the Selection Committee on 05.12.2003. The Selection Committee, pursuant to the selection made vide its proceeding dated 05.12.2003 prepared the select list and recommended the name of the petitioner for appointment, she having placed at Serial No. 1 in the merit list. Another person, namely Sri Pranab Bhagawati, was placed at Serial No. 2 and the respondent No. 5 at Serial No. 3 in such merit list. According to the petitioner, the College Authority did not publish such merit list but surreptitiously appointed the respondent No. 5 against the said non-sanctioned post, pursuant to a resolution shown to have adopted by the Governing Body in its meeting dated 22.12.2003 to appoint the respondent No. 5, who was working as Lecturer on ad-hoc basis in the said College, on the ground that he has been working since 04.09.1999 in the Assamese Department, though he was placed at Serial No. 3 in such merit list.

(3.) I have heard Mr. U. K. Nair, the learned counsel for the petitioner, Mr. S. K. Das, the learned Standing Counsel, Education Department appearing for the respondent Nos. 1 and 2, Mr. C. Choudhury, the learned counsel appearing for the respondent Nos. 3 and 4 and Mr. S. Sarma, the learned counsel appearing for the respondent No. 5.