BIPIN CH. DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned senior counsel for the petitioner. Also heard Mr. K. Gogoi, learned standing counsel for the respondents No.1 and 3 being the authorities under the Higher Education Department of the Govt. of Assam, Mr. A. Chaliha, learned counsel for the respondent No.2 being the authorities under the Finance Department and Ms. P. Bora, learned counsel for the respondents No.4 and 5 being the authorities of the LOKDC.

(2.) The Office Note indicates that Mr. S. Deka and Ms. K. Mishra, learned counsel have entered appearance for the respondent No.6. But when the matter is taken up, none appears for the said respondent although the cause list indicates the name of the learned counsel.

(3.) The petitioner was a Grade-IV employee in the Lokanayak Omeo Kumar Das College (LOKDC) at Dhekiajuli in the Sonitpur district. By the resolution No.5 dtd. 7/6/1994 of the Governing Body of LOKDC, the petitioner who is referred as the senior most qualified Grade-IV employee of the college, was promoted to the vacant post of LDA held by Keshab Ch. Kalita, who in turn was promoted by the same resolution as UDA in the college. At the relevant point of time when the resolution of the Governing Body was passed on 7/6/1994, it is stated that Assam Aided College Employees Rules, 1960 (in short Rule of 1960) governed the promotion. Rule 4(3) of the Rules of 1960 inter alia provides that the Governing Body concerned shall after due advertisement in atleast two newspapers make appointment of Office Assistant subject to the approval of the Director of Public Instruction, Assam.