MRIDULA KAKATI HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Bhowmick, learned counsel for the petitioner and Mr. B.J. Talukdar, learned Govt. Advocate for the official respondents and Mr. H.K.Baishya, learned counsel for respondent No.4. As the learned counsel appearing for the parties agreed for causing disposal of this writ petition at this stage, I hereby propose to dispose of this writ petition at this stage considering the nature of the case and accordingly I dispose of the same with the following order.

(2.) In this writ petition the petitioner who is the Headmistress of Kamalabari Girls' High School and also the Secretary of the development committee of the said school (now dissolved) questioned the validity of the impunged orders dated 11.9.98, 16.10.98 and 18.11.98 pertaining to the transfer and posting of the private respondent Smt Pabitri Baruah and withdrawal of the post of LDA from Kamalabari Girls' High School, Majuli as in Annexure-B, C and D to the writ petition by contending inter alia, that there has been resentment of the public in general of the order concerned after the action of the official respondents regarding the transfer of the private respondent Mrs. Barua with the post of LDA from the said school and, the said withdrawal of the post from the said school was made with oblique motive and for personal benefit of the private respondent and not in public interest for which the petitioner has approached the authority concerned including the Director of Secondary Education, Assam, Kahilipara for recalling the said withdrawal of the post of LDA from the said school and the transfer of the private respondent with the said post as seen in the related resolution/representation dated 30.11.98 and 20.2.99 as in Annexure B-I to the writ petition.

(3.) The case of the petitioner is that the action of the official respondents causing the transfer of the private respondent Smt. Barua with the post is not tenable in the eye of law, rather it is arbitrary and against the interest of the school thus affecting the affairs of the school.