SAHERA BANU Vs. STATE OF ASSAM

JUDGEMENT

(1.) ALTHOUGH the petitioner by means of this writ petition has prayed for setting aside and quashing of the appointment of the respondent No. 5 as Subject Teacher (Education) in the particular school, but the order of appointment as such has neither been enclosed nor put to challenge.

(2.) THE facts materials for the purpose of disposal of the writ petition are that the petitioner who is an MA in Education with B.Ed. degree had been serving in the school called Jugijan Higher Secondary School, Nagaon for the period from 01.08.2006 to 04.09.2009 as honourary Subject Teacher in Education. Although she had applied for regular appointment against the said post pursuant to the advertisement dated 03.06.07 (Annexure-5) and duly appeared in the selection conducted by the selection committee, but she having not been appointed and instead the respondent No. 5 having been appointed, she has filed the instant writ petition. Be it stated here that the advertisement was published by the Director of Secondary Education, Assam for as many as 158 numbers of posts of Subject Teacher in different schools throughout the State one of which was for the post of Subject Teacher in Education in the school in which the petitioner had been serving as Honourary Teacher, namely Jugijan H.S. School.

(3.) I have heard Mr. M.J. Quadir, learned counsel for the petitioner as well as Dr. Y.K. Phukan, learned Sr. counsel assisted by Ms. S. Borah, leanred counsel appearing for the respondent No. 5. I have also heard Mr. S.K. Sas, learned Standing counsel, Education Department.