SOMESWAR BARO Vs. BODOLAND TERRITORIAL AREAS DISTRICT

JUDGEMENT

(1.) The Petitioner, a lecturer in Bodo language in Tangla College, Tangla, ('College') located within the territorial limits of the present Bodoland Territorial Council ('the Council') seeks to invoke the writ jurisdiction of this Court to annul the proposal of the Director of Education, B.T.C., to appoint the Respondent Nos. 6 and 7 against two sanctioned posts of Lecturer in the aforementioned subject in the institution. As this Court while issuing notice on 3.9.2009 had restrained the Secretary, Education Department, BTC, Kokrajhar, Respondent No. 2, from proceeding further with the impugned proposal, the process remains stalled at that stage.

(2.) I have heard Mr. M.H. Choudhury, Learned Counsel for the Petitioner, Mr. D. Das, learned Standing Counsel for the Council and Mr. B.B. Narzary, learned senior counsel for the Respondents 6 and 7.

(3.) The pleaded versions of the parties in short would have to be recorded to properly apprehend the rival pleas. According to the Petitioner, he, who is a Post Graduate in Arts in Bodo language along with the Respondents 6 and 7 participated in a selection process initiated by an advertisement dated 11.11.2006 for filling up two vacancies against non-sanctioned posts of Lecturers in the said subject in the College. Following the interview that was held on 27.1.2008 and the resolution dated 26.6.2008 of the Governing Body of the College, the Petitioner and the Respondent No. 6 were appointed on a temporary basis against non-sanctioned posts of Lecturer in Bodo thereat at a consolidated pay of Rs. 1,200 per month. Their appointment orders in clear terms disclosed that as and when posts would be sanctioned for the aforementioned subject, those would be filled up as per the guidelines of the University. Grants Commission/Government. The appointees aforementioned continued to render their services and while the matter rested at that by communication No. AHE. 100/2007/42 dated 26.2.2009 from the Education (H) Department, Government of Assam, sanction of 16 post of Lecturer in Bodo Language and Literature for 8 Colleges under the BTC area including that of the Petitioner was conveyed. Pursuant thereto, the Director of Education, BTC, by his letter dated 13.3.2009 requested the Principal of the College to forward the names and particulars of the serving incumbents in Bodo Language for the purpose of their regularization/adjustment against two sanctioned posts allocated for the institution. The letter amongst others required that the necessary testimonials of the candidates including, if any, for NET/SLET/M. Phil, etc., be also forwarded. The Principal of the College in response forwarded the relevant Government Body resolutions pertaining to the appointment of the Petitioner and the Respondent Nos. 6 and 7 along with other available documents as sought for. The particulars so furnished inter alia revealed that the Petitioner only was possessed of NET. Besides he and Respondents 6 and 7 were Post Graduate in Arts. As the impugned letter dated 19.5.2009 of the Director of Education, BTC, Kokrajhar, followed approving the appointment of the Respondent Nos. 6 and 7, the Petitioner being aggrieved has approached this Court for redress.