NIRENDRA MOHAN GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) WITH the help of the present writ petition, made under Article 226 of the Constitution of India, the petitioner, who is an Assistant teacher in Ganakpukhuri High School, in the district of Barpeta, has put to challenge the Order, dated 05.06.2011, passed by the Government of Assam, Education (Secondary) Department, whereby respondent No. 4 herein (in short, 'the private respondent') has been allowed to hold the charge of the office of the Headmaster of the said school.

(2.) IN order to correctly appreciate the controversy involved in the present writ petition, I deem it necessary to summarize the background facts enumerated in the writ petition. These facts may be set out, in brief, as under:

(3.) RESISTING the writ petition, it has been submitted, on behalf of the respondents, that Rule 24(2)(ii) had been struck down as ultra vires by the Full Bench in Rukmini Bora & Anr. Vs. State of Assam & Ors., reported in 2009(3) GLT 834, on the ground that Clause (ii) was discriminatory, because clause (ii) had provided that: