RAMANI KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R.C. Saikia, learned counsel for the appellant and Mr. S.K. Ghosh, learned standing counsel, Education (Secondary) Department, appearing for respondent Nos.1-3. Despite service of notice, the respondent No.4 i.e. the Headmaster of Banbhag Khata Dihjari High School has not entered appearance.

(2.) The case of the appellant in short is that pursuant to an advertisement issued by the Managing Committee of the Banbhag Khata Dihjari High School for the post of Hindi Teacher, he had responded to the same. The appellant along with other candidates had appeared for written test and viva-voce and he had secured first position and to that effect a resolution was taken by the Managing Committee on 07.11.2004. Thereafter, the appellant was appointed on honorary basis in the post of Hindi Teacher, which had fallen vacant on 31.08.2003 due to retirement of the Hindi Teacher and accordingly he had joined the school. Later on, by an order dated 31.12.2004, the Inspector of Schools, Nalbari District Circle had allowed the appellant to draw his monthly salary against the retirement vacancy, which had fallen vacant due to retirement of Md. Chand Mohammad Ali on 31.08.2003. While the appellant was serving in the school, the salary of the appellant was stopped w.e.f. 01.01.2006. However, the appellant continued to serve the school and when the respondents issued an advertisement dated 07.01.2011 showing the post held by the appellant as a vacant post, he approached this Court by filing a writ petition, which was numbered as WP(C) No.597/2011 and this Court had suspended the advertisement by an order dated 02.02.2011. Subsequently, the Headmaster of the school again issued an advertisement on 29.01.2014 calling for applications from intending candidates for filling up 2(two) posts of Science Graduate Teachers and one post of Hindi Teacher.

(3.) Being aggrieved, the appellant approached this Court by filing a writ petition, registered as WP(C) No.902/2014. The instant appeal is against the judgment and order dated 28.08.2017 passed by the learned Single Judge in the said writ petition, whereby the writ petition filed by the appellant praying for quashing the advertisement dated 29.1.2014 so far as it relates to the post of Hindi Teacher in Banbhag Khata Dihjari High School as well as for a direction to the respondent Nos.2 and 3 to act upon the selection made by the Selection Committee and subsequent appointment order dated 27.11.2004 issued by the Secretary of the Banbhag Khata Dihjari High School was dismissed.