ANNA MAHANTA SMTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) These two writ petitions under Article 226 of the Constitution have been filed by the petitioner challenging the orders of the Principal in-charge of Darrang College, Tezpur, and the resolutions of the Special Governing Body of the said College by which her date of birth has been determined as 24.5.1938 and she has been retired from service with effect from 31.5.1998 (AN).

(2.) The case of the petitioner in these two writ petitions is that she was selected and appointed as Lecturer in Economics in Darrang College and she joined the said post of Lecturer in Economics on 3.9.1962. Her service book was opened in 1962 wherein her date of birth was recorded as 18.7.1943. On 31.6.1986, the Principal of Darrang College issued a certificate certifying that the date of birth of the petitioner was 18.7.1943 according to her service book. In her pass port issued by the Regional Pass Port Office, Guwahati, issued on 13.7.1989, her date of birth was also shown as 18.7.1943. A birth certificate was also issued by the Chief Registrar on 12.12.1992 certifying her date of birth to be on 18.7.1943. The Principal of the Government Girls HS & MP school, Tezpur, also issued a certificate certifying that her date of birth as per her birth certificate was 18.7.1943. On 24.11.1995, by an advertisement applications were invited for selection to the post of Principal in Government Aided Colleges under deficit system of the State. In pursuance of the said advertisement the petitioner submitted application through the Principal of Darrang College, Tezpur, on 20.12.1995 and in her said application the petitioner indicated her age as on 1.1.1995 as 51 years 5 months 14 days taking her date of birth as 18.4.1943 and after proper verification and scrutiny, the Principal of Darrang College forwarded her application to the State Selection Board, Assam. The petitioner was interviewed for such selection on 7.10.1996 and she was selected and her name was placed against serial No. 35 of the first select list for the post of Principal in Government Aided Colleges under deficit system in the Government Notification dated 27.2.1997. In the meantime, the petitioner was appointed as Vice-Principal of Darrang College on 1.4.97 by order dated 31.3.1997 of the Principal in-charge of Darrang College, Tezpur. Sri Girija Sankar Singh, the then Principal in-charge was the senior most teacher of the college and the petitioner was the second senior most teacher of the college. The petitioner's allegation in the writ petitions is that the question of the date of birth of the petitioner was re-opened by said Sri Girija Sankar Singh only with a view to ensure that the petitioner may not become the Principal of Darrang College. The petitioner was served with a letter dated 20.8.96 of Sri Girija Sankar Singh, Principal in-charge of Darrang College requesting her to submit to his office a certificate of her date of birth. In reply to the said] letter, the petitioner submitted a copy of the age certificate dated 30.8.96 issued by the Principal, Tezpur Government Girls HS & MP School, Tezpur to the Principal of Darrang Colllege along with her letter dated 1.8.1996. Thereafter, some correspondence took place between the petitioner and the Principal in- charge of Darrang College relating to date of birth of the petitioner. The petitioner was served with a communication dated 21.4.1998 by the President of Special Governing Body of Darrang College, Tezpur intimating her that she had been selected for interview for the post: of principal of the College, and requesting her to present herself before the Selection Committee with all certificates and mark- sheets in original on 4.5.1998, and in response to lihe said communication, the petitioner appeared in the said interview, Besides the petitioner, Sri Girija Sankar Singh and Sri Abani Sarma were also called in the said interview. Results of the said interview were not published. But the petitioner was informed by letter dated 27.4.1998 of Sri Girija Sankar Sin.gh, Principal in-charge of Darrang College thatt on perusal of the official records he had come to know that her date of birth was 24.5.1938 and that she would retire on 315.1988 (AN). The petitioner then submitted a representation dated 4.5.1998 to the Principal-cum-Secretary, Special Governing Body of Darrang College against the said letter dated 27.4.1998 retiring her from service with effffict from 24.5.1998. In reply to the said representation, the Principal in-charge of Darrang College, Sri Girija Sankar Singh, informed the petitioner by his letter dated 5.5.1998 that fixation of her date of birth had been referred to the Government by the Director of Higher Education, Assam, and that the: superannuation notice issued to her may be treated as pending receipt of communication from the Governmeint side. When no final decision was communicated to the petitioner regarding her date of birth and date of retirement, she filed Civil Rule No. 2547/98 for quashing the letter dated 24.7.1998 of the Principal in-charge of Darrang 'College, Tezpur, and for a declaration that the petitioner was legally entitled to continue in service in Darrang College upto 18.7.2003.

(3.) During the pendency of the atforesaid Civil Rule No. 2547/98, the Joint Secretary to the Government of Assam, Education (Higher) Department intimated the Director of Higher Education, Assam, by his letter dated 31.10.1998 that the resolution adopted by the Governing Body of Darrang College with respect to charge of date of birti of the petitioner did not appear to be in order and her date of birth may be accepted as 18.7.1943. The Director of Higher Education, Assam, by his letter dated 25.11.1998 intimated the aforesaid decision of the Government to the Principal, Darrang College requesting him to correct the date of birth of the petitioner in accordance with the aforesaid Government instruction. On receipt of the aforesaid communication dated 25,. 11.1998 from the Director of Higher EdJucation, Assam, the Principal of Darrang College, intimated the petitioner by his letter dated 1.12.1998 that she was allowed to re-join her duty as Vice-Principal of the Colllege with effect from 30.11.1998 (FN) subject to approval of the Governing Body. The petitioner accordingly resumed her duty with effect from 30.11.1998. But on 26.2.1999, the Special Governing Body of Darrang College, Tezpur, did not approve the action of the principal allowing the petitioner to re-join the college as per request of the Directon of Higher Education, Assam, and resolved not to approve it, and released her with immediate effect requesting her to hand over charge to Dr. Prabin Kumar Sarma on 27.2.1999. Pursuant to the said resolution dated 26.2.1999 of the Special Governing Body of Darrang College, the Principal in-charge'; by his letter dated 27.2.1999 addressed to the petitioner released her on 27.2.1999 and requested her to hand over charge of the post of Vice Principal to Dr. Prabin Kumar Sarma on 27.2.1999. Aggrieved by the said resolution dated 26.2.1999 of the Special Governing Body of Darrang College, and the said letter dated 27.2.1999 of the, principal of Darrang College, the petitioner has filed writ petition (Civil) No. 3240 of 1999 for quashing the said resolution dated 26.2.1999 and the letter dated 27.2.1999 and for directing the respondents to allow the petitioner to continue in service in Darrang College till her due date of retirement i.e. 18.7.2001 and to grant her all consequential service benefits.