HARI MOHAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This judgment and order of ours will dispose of Writ Appeal No. 354 of 2000 and Writ Appeal No. 277 of 1999.

(2.) Briefly stated, the facts giving rise to the present appeals are, that pursuant to an advertisement dated 12.4.1995 issued by the Headmaster of Thomna Binapani High School, apart from others Smti Rukmini Kalita, writ petitioner in Civil Rule No. 2956/95, Shri Harimohan Das, writ petitioner in Civil Rule No. 920/97 and Smti Prativa Sarania (respondent No. 5 in Civil Rule No. 2956/95) and had applied for the post of Hindi Teacher (Senior Grade). The Inspector of Schools, Nalbari District Circle, vide his letter dated 12/4/1995 had requested the Headmaster of the aforesaid school to send the applications of the candidates, who had applied for the post along with the comparative statement. It is stated that the said comparative statement was sent in order of preference. It was the case of Smti Rukmini Kalita in Civil Rule No. 2956/95 that in that comparative chart she had been placed at SI. No. 1, whereas Smti. Prativa Sarania had been placed at SI. No. 7, even then she (Smti. Prativa) had been appointed as Hindi Teacher whereas the petitioner had not been appointed. Civil Rule No. 2956/95 was filed to quash the appointment of Smti Prativa Sarania and for giving appointment to the writ petitioner Smti. Rukmini Kalita.

(3.) In the other Civil Rule, i.e., C.R. No. 920/97, Shri Harimohan Das, inter alia, alleged that the comparative chart or the comparative statement prepared by the Headmaster was not the merit list, in which Smti Rukmini Kalita had been placed ;at SI. No. 1 and Shri Harimohan Das had been placed at SI. No. 2. The prayer made was that out of the applicants, the appointment be made in accordance with the rules after due selection and preparation of the merit list. The further grievance was that without framing any merit list after complying with the procedure under the rules, one Smti Prativa Sarania had been appointed. However, unfortunately Smti Prativa Sarania after joining the said post expired. After the expiry of Prativa Sarania, the petitioner Shri Harimohan Das was appointed on 23/2/1996. It may be observed here that Shri Harimohan Das was not a party in the Civil Rule No. 2956/95 filed by Smti Rukmini Kalita.