BANANI DAS PURKAYASTHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Petitioner initially filed Civil Rule No. 3799 of 1996 for quashing the order dated 25.1.95 (Annexure-4) and for issue of a writ directing the respondents to appoint her to the post of Lecturer in Political Science in B. Barooah College in terms of resolutions dated 21.9.95 and 10.6.95 passed by the Governing Body (Annexure-5 and 7 respectively). While admitting the petition, this Court vide order dated 19.8.96 directed that the interim order passed on 7.8.96 calling upon the parties to maintain status-quo.

(2.) Thereafter Civil Rule No. 3427 of 1998 has been filed for absorption/regularisation of the petitioner in the post of Lecturer in view of her selection made in pursuance of the earlier advertisement dated 30.4.1994 (Annexure-2) and also for quashing the advertisement dated 18.7.98 in so far as it relates to the post of Lecturer in Political Science.

(3.) I have heard the learned counsel for both the parties at length. I have also perused the pleadings and other documents on record. It would appear that the post of Lecturer in Political Science fell vacant in the year 1991 and the petitioner submitted an application along with testimonials praying for appointment in the said vacant post. After viva-voce test she was selected and appointed as a part time lecturer in Political Science at a consolidated pay of Rs.300/- per month vide order dated 9.8.91 by the Principal-in-Charge. Petitioner has been discharging her duties as Lecturer to the satisfaction of all. The respondents issued an advertisement on 30.4.94 inviting applications for appointment against one non-sanctioned post of Lecturer in Political Science on a consolidated pay. The petitioner submitted her application in pursuance of the said advertisement. She was interviewed by the Selection Committee constituted by the Governing Body of the college and a select list was prepared showing the name of the petitioner at Serial No. 1 in order of merit. The Governing Body of the college also took a resolution on 20.6.94 to appoint her in the said post. Accordingly, the Principal vide order dated 19.8.94 appointed the petitioner to the post of Lecturer on a consolidated pay of Rs. 1000/- per month. But the Principal-in-Charge, without assigning any reason, terminated her services by an order dated 25.1.95. It is also alleged that the aforesaid order of termination is per-se illegal since the Principal has no authority under the law to issue such termination order unless he is so directed by the Governing Body. The petitioner preferred a representation for review of the order of termination but no action was taken thereon. An appeal was also preferred by the petitioner before the Director of Public Instruction, Assam on 8.3.95. The Joint Director of Higher Education vide letter dated 13.7.95 directed the Principal-cum-Secretary of the Governing Body to place the appeal before the Governing Body of the College for consideration. The Governing Body in its meeting dated 21.9.95 adopted a resolution to re-engage the petitioner temporarily as a Lecturer in Political Science on a consolidated pay of Rs.1,000/-. The Principal-in-Charge (respondent No. 4) was also directed to issue the order of re-engagement immediately. The relevant part of the copy of the resolution adopted by the Governing Body (Annexure- 5) is quoted below:-