RIMEN BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Y.K. Phukan, learned counsel for the petitioner and Mr. V.M. Thomas, learned counsel for respondent Nos. 5 ;and 6.

(2.) The petitioner Shri Rimen Bordoli was initially appointed as lecturer in the department of Zoology at Sibsagar College for a period of 3 months w.e.f. 19.1.90 on consolidated pay. The said temporary appointment was extended from time to time and while he was working, he was appointed, as a temporary lecturer to fill up a lien vacancy upto 13.6.1991 on approved scale of pay subject to the approval of D.P.I. Thereafter, the Inspector of Colleges approved the appointment; of the petitioner on a lien vacancy from 13.6.1991 . to 12.6.1992. The said vacancy arose: when Dr. S.P. Biswas, Professor in the department of Zoology opted to proceed to Dibrugarh University. Later on, Dr. Biswas informed the authority that he was not returning back. After expiry of the said appointment, petitioner was again appointed as temporary lecturer with effect from 16.12.1992 (Annexure-7 to the writ petition). In the meantime, when permanent vacancy arose in the department of Zoology in Sibsagar College, applications were invited for the post. The petitioner and other candidates duly submitted applications and interview was scheduled to be held on 3.11.1993 to 5.11.1993. The petitioner, in the meantime, submitted representations before the Secretary to the Govt. of Assam, Education Department claiming that he is working in the College and his appointment was approved and as such the said advertisement be cancelled and service of the petitioner should be regularised. The petitioner also approached this Court in Civil Rule No. 422/1994. This Court directed the respondent State to dispose of the representation. Thereafter, the application of the petitioner was disposed of. The Commissioner, Education Department ordered that the petitioner be appointed as Lecturer in Zoology Department at Sibsagar College, however, that order was not complied with and the respondent Governing Body of the Sibsagar College proposed to proceed with the appointment on regular basis. Hence, the present writ petition.

(3.) The case of the respondent Sibsagar College is that as per existing rules governing appointment of Lecturer in Government aided college, the Governing Body of the College is required to invite applications for the post and thereafter, a Selection Committee is constituted and the Selection Committee processes the matter and after interview etc. a panel list is recommended to the Governing Body. The Governing Body, thereafter, considers the recommendation of the Selection Committee and forward the list of the candidates to the Director, Public Instruction, who approves the appointment. No appointment of the lecturer in the College is permissible without approval of the concerned competent authority. According to the respondent, the initial appointment of the petitioner was against a lien vacancy which expired on 12.6.1992. Approval given by the authority was also till that date and the permanent vacancy of the department arose afterwards only and thereafter, respondent is required to invite applications under the rules inviting application. The Government has no authority to cancell the interview or direct appointment of the petitioner.