ASWINI BORDOLOI Vs. STATE OF ASSAM & ORS.

JUDGEMENT

(1.) THIS writ appeal is directed against the final order dated 29 -11 -2011 passed by the learned Single Judge in W.P. (C). No. 4606/2009 quashing the appointment of appellant/respondent No. 6 as Subject Teacher in History in Doboka Higher Secondary School, Nagaon and directing fresh advertisement. By the said order, claim of respondent No. 6/writ petitioner for appointment was also not entertained. The contextual facts may be briefly noted.

(2.) RESPONDENT No. 6 as the writ petitioner filed W.P. (C). No. 4606/2009 before this Court seeking a direction to the respondents not to give effect to the appointment issued in favour of appellant/respondent No. 6 and for a further direction to appoint him as Post Graduate Teacher in History in Doboka Higher Secondary School. Case projected in the writ petition is that an advertisement dated 03 -06 -2007 was issued by the Director of Secondary Education, Assam for filling up of 158 numbers of vacant posts of Subject Teacher in the State. The detail vacancies of posts (District -wise, School -wise and Subject -wise) were given. It was also stated that reservation provision for appointment would be followed as per Rule. However, the candidates were required to mention the concerned post/ school against which the applications were made. It was also notified that the selection would be made as per Assam Secondary Education (Provincialised) Service Rules, 2003 (2003 Rules). Petitioner offered his candidature for the post of Subject Teacher in History in the Doboka Higher Secondary School. The concerned selection was held on 02 -09 -2007. Writ petitioner secured 1st position where as respondent No. 6 was placed in the 4th position in order of merit. Thereafter, the Director of Secondary Education issued order dated 03 -09 -2009 appointing respondent No. 6 as Subject Teacher in History in Doboka Higher Secondary School. Petitioner contended that considering their relative merit position, respondent No. 6 could not have been appointed. It was also contended that since the selection for the post in question was not confined to any reserved category candidate, petitioner being a general category candidate should have been considered for appointment by virtue of his merit position being at the top of the select list. Further contention was that as only one post in the Doboka Higher Secondary School was to be filled up, it could not be kept reserved since there cannot be reservation against a single post.

(3.) RESPONDENT No. 6 also filed his counter affidavit. He stated that he belongs to ST(P) category and had applied for the post of Subject Teacher in History in Doboka Higher Secondary School pursuant to the advertisement dated 03 -06 -2007. He contended that the advertisement was a composite one for filling up of 158 vacancies of Subject Teacher in different Higher Secondary Schools in the State. The School Selection Committee of Doboka Higher Secondary School prepared the select list of four candidates for one vacancy of Subject Teacher in History. The said post was reserved for ST(P) as per roster and he having been found qualified and on being selected, was appointed. It was further stated that respondent No. 6 was appointed on 03 -09 -2009 following which he joined on 05 -09 -2009 and since then he was serving.