BHARAT CHANDRA TALUKDAR Vs. SMTI ANUPAMA DEVI

JUDGEMENT

(1.) Heard Mr. Kamal Nayan Choudhury, learned Senior counsel, assisted by Mr. Rajarshi Malla Deka, learned counsel for the appellants in both the appeals. Also heard Mr. Shyamal Kumar Goswami, learned counsel for the respondent No. 1 in Writ Appeal No. 64/2020 (Petitioner in W.P.(C) No. 5213/20190), Mrs. Ami Bujarbaruah, learned counsel for the respondent No. 1 in Writ Appeal No. 70/2020 (Petitioner in W.P.(C) No. 5109/2019), Mr. Narayanjyoti Khataniar, learned Standing Counsel, Secondary Education, Assam and Mr. Santanu Bora, learned Standing Counsel, BTC for the State respondent No.2 and 3 & 4 respectively, in both the appeals.

(2.) Both the appeals have arisen out of a common order dated 06.03.2020 passed by Hon'ble Single Judge in W.P.(C) No. 5213/2019 (Anupama Devi -Vs- State of Assam and 6 others) and W.P.(C) No. 5109/2019 (Tulashi Rava -Vs- State of Assam and 6 others), wherein the present appellant was the private respondent Nos. 5 and 7 respectively.

(3.) In both the Writ Petitions, W.P.(C) No. 5213/2019 and W.P.(C) No. 5109/2019, the petitioners, namely, Anupama Devi and Tulashi Rava respectively, challenged the appointment of the appellant Bharat Chandra Talukdar as the Principal of Barama Higher Secondary School on the ground that his appointment was made without undergoing the due process required under the Rule 13 of the Assam Secondary Education (Provincialised) Service Rules, 2003, which requires that the post must be advertised.