SAMUDRA HALOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.K. Goswami, learned counsel for the petitioners. Also heard Mr. R. Mazumdar, learned counsel for the respondents no. 1, 3 and 4 being the authorities under the Secondary Education Department, Government of Assam, Mr. A. Chaliha, learned counsel for the respondent no. 2 being the Finance Department and Mr. A Hassan, learned counsel for the respondent no. 5 being the Accountant General, Assam.

(2.) The petitioners herein participated in a selection process pursuant to an advertisement issued in the local daily the Assam Tribune dtd. 3/9/1991. The said advertisement pertained to 200 posts of Assistant Teacher and 100 posts of Language Teacher for various High Schools in the State of Assam. In the resultant selection process, the District Level Selection Board published the select list dtd. 4/1/1995 constituency wise wherein the names of the petitioners were included as selected candidates for the posts of Assistant Teacher. Although some of the persons whose names were included in the said select list, were appointed, certain persons from outside the select list, were also given the appointments and thereby violated the merit position in the select list.

(3.) Being aggrieved, the petitioners instituted Civil Rule 3056/1997 assailing the action on the part of the respondents and also seeking for a direction to appoint them as Assistant Teachers as per merit position in the select list. The said writ petition was given a final consideration by the common judgment and order dtd. 25/8/1997 wherein it was provided as extracted: