DULU RANJAN ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) IN challenge is the judgment and order dated 01.02.2012, passed in MC No. 2562/2011 arising out of WP(C) No. 4079/2011, thereby, vacating the interim order dated 12.08.2011, thus dislodging the writ appellant's incumbency as IN-charge Headmaster of the Lakshmi Union High School, Jorhat (hereinafter referred to as the School).

(2.) WE have heard Mr. AS Choudhury, Senior Advocate assisted by Mr. IH Saikia, Advocate for the petitioner and Mr. A Deka, learned Standing Counsel, Education Department, Assam for the respondent Nos.1 to 4. Also heard Mr. SK Medhi, learned counsel for the respondent No. 5.

(3.) REITERATING the pleaded stand of the appellant/writ petitioner vis-a-vis the process and appointment of the respondent No. 5, Mr. Choudhury, has urged that as the appellant has been arbitrarily disqualified by resorting to Rules, 2003, which has no application to the selection process, in the interest of justice, he ought to be allowed to hold the charge of the office of the Headmaster of the School pending final adjudication of the writ proceedings. As on record, the appellant is senior in service to the respondent No. 5 by a margin of about 20 years in the facts and circumstances of the case, his deposition from the office of the Headmaster of the School in the manner done is obviously illegal and discriminatory.