DEBASISH SAHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By filing this writ petition, a writ of Mandamus has been sought for, directing the respondents, more particularly, respondent No. 2 to appoint the petitioner as Subject Teacher in Mathematics at Sishu Pathsala Higher Secondary School (hereinafter to be referred to as SPHS School), Dhubri on the basis of merit as per select list dated 28.08.2007 with a further prayer for setting aside and quashing the selection of respondent No. 4 by the State Level Approval Committee without being selected in the select list dated 28.08.2007.

(2.) Heard Mr Y.S. Mannan, learned counsel appearing for the petitioner. Also heard Ms Papia Chakraborty, learned Standing Counsel, Education Department appearing for respondent Nos. 1, 2 and 3 and Mr Kalyan Bhattacharjee, learned counsel appearing for respondent No. 4.

(3.) The petitioner's case in brief is that, the petitioner after obtaining M.Sc. degree in Mathematics as well as B.Ed. was appointed on 08.02.1985 as Demonstrator in Chemistry at R.B.P.H.S. School on being selected by the competent authority. The service of the petitioner in the post of Demonstrator in Chemistry in the said School was regularized with effect from 15.02.2001 and thereafter on his own request, the petitioner was transferred and posted in the same capacity i.e. as Demonstrator in Chemistry at SPHS School, Dhubri vide order dated 20.06.2003.