BARNALI MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed seeking a writ in the nature of certiorari so as to quash and set aside the order dated 22.3.2007 passed by the Director of Secondary Education, Assam approving the resolution No. 2 dated 24.7.2006 taken by the Governing Body of Behali College (Junior) selecting the Respondent No. 5, Smti Jyotsna Devi for her appointment as a Lecturer in History in the said College and also letter dated 13.10.2006 issued by the Education (Secondary) Department, Government of Assam condoning the overage of the Respondent No. 5 by two years seven months. At the same time, the Petitioner is also seeking a writ in the nature of mandamus so as to direct the College Authority (Respondents No. 3 and 4) to appoint her as a Lecturer in History in their College.

(2.) I have heard Shri P.J. Phukan, learned Counsel for the writ Petitioner as well as Sri M.R. Pathak, learned standing counsel for the Respondents No. 1 and 2. Also heard Sri B. Goswami, learned Counsel for the Respondents No. 3 and 4. The private Respondent No. 5 was represented by Sri S.S. Dey, assisted by Sri N. Bora, learned Counsel. I have also perused the pleadings and counter pleadings of both sides.

(3.) The relevant facts that are necessary to decide this writ petition are as follows: