PREMANANDA MISRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The above noted appeals have been filed against the judgment and order dated 2.8.1997 passed in Civil Rule No. 5216/96 and other connected Civil Rules in the bunch. The dispute relates to appointment of Assistant teachers, Language teachers and teachers of other categories in the District of Nalbari. The appellants in all the appeals, except a few, were not parties in the writ proceedings. They, however, feel affected by the judgment dated 2.8.1997 as a result of which their services have been sought to be terminated. Hence they have preferred the appeals. Since the same questions are involved in all the appeals and they raise out of a common judgment passed in bunch of writ petitions, these appeals are being disposed of by this common orders.

(2.) We have heard learned counsel appearing in different appeals on behalf of the appellants, namely, Shri N. Dutta, Shri G.K. Bhattacharjee, Shri G.P. Bhowmik, Shri A.K. Choudhury and learned counsel appearing for the State.

(3.) An advertisement was published on 3.9.1991 in Assam Tribune inviting application for selection and appointment to 200 posts of Assistant Teacher and 100 posts of Language teacher. The District Selection Board for Nalbari District published select list on 4.1.1995 after due selection. Separate lists were prepared for different constituencies, namely, Barkhetri, Dharmapur, Nalbari, Patacharkuchi and Barama. Grievances were raised by the petitioners in the petitions in the bunch that the appointments made by the authorities were illegal inasmuch as several persons whose names did not find mentioned in the select list had been appointed. Some of the appointments were made ignoring the candidates in the select list with higher merit and position in the select list. Request was made by the petitioners for appointment in accordance with the merit of the select list. It also transpires that certain petitions were filed earlier and this Court issued orders on November, 18 and 19, 1996 for different constituencies for making the appointment in accordance with merit. An affidavit-in- opposition was filed in Civil Rule No. 5215/ 96 by the Commissioner and Secretary to the Government of Assam, Education Department. It was not denied, rather admitted that some appointments had been wrongly made, namely, some persons who were not in the select list were given appointment and in some cases candidates of lower merit in the select list had been given appointment ignoring the candidates of higher merit. The learned Single Judge considering all the facts and circumstances, disposed of the bunch of the petitions with the following directions: