MUKUL CHANDRA BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) ALL these writ petitions pertain to selection and appointment of Headmasters in the High Schools throughout the State of Assam. While some of the petitioners have challenged the legality and/or validity of the selection, some have prayed for appropriate direction towards implementation of the select list that was prepared by the Selection Board pursuant to the selection conducted. Upon hearing the learned counsels for the parties at some length and as recorded in the order dated 6.1. 2012 the following issues emerged for consideration:

(2.) RESPONDING to the said order, the respondent No. 1 has filed an affidavit justifying the selection conducted for appointment of Headmasters on promotion on the basis of the selection conducted in accordance with the provisions of Assam Secondary Education (Provincialised) Service Rules, 2003.

(3.) IN support of the plea that the vacancy which arose prior to coming into force the 2003 Rules, learned counsels for the petitioners challenging the selection have placed reliance on the decisions reported in (2007) 11 SCC 605: Arjun Singh Rathore Vs. B.N. Chaturvedi; (1998) 9 SCC 223: B.L. Gupta Vs. M.C.D.; (1983) 3 SCC 284: Y.V. Rangaiah Vs. J. Sreenivasa Rao; 1988 STPL(LE) 14188 SC: P. Ganeswar Rao Vs. State of A.P.; 1990 STPL(LE) 14959 SC; (2010) 7 SCC 560: Md. Raisul Islam Vs. Gokul Mohan Hazarika; (2007) 10 SCC 402: State of Punjab Vs. Arun Kumar Aggarwal.