SAIDUR RAHMAN Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THE petitioner before this Court, has assailed the order dated 4.11.1995 passed by the Deputy Director of Madrassa Education, Assam, discharging him from service. At the relevant time the petitioner was holding the post of Assistant Teacher in Mahimari Senior Madrassa (Pre -Sr. Section).

(2.) I have heard Mr. A.S. Choudhury, learned senior counsel assisted by Mr. I. Hussain, learned counsel for the petitioner, Mr. K.C. Mahanta, learned State counsel for the respondent Nos. 1, 2 and 3 and also Mr. J. Ahmed, learned counsel for the respondent Nos. 4 and 5.

(3.) IN the counter affidavit filed by the respondent No. 3, the stand taken by him is that as per the departmental norms, the Managing Committee of the Madrassa had appointed the petitioner vide resolution No. 5 dated 23.2.1979 subject to the condition that he would qualify himself within two years and that the said resolution was approved by the Deputy Director of Madrassa Education, Assam. It has been asserted in the said counter that as per norms of Madrassa Education, passing of H.S.S.L.C./P.U. was necessary for a candidate to be qualified for the post of Assistant Teacher. According to the answering respondent, reasonable opportunities were afforded to the petitioner to qualify himself, but he failed to do so, and therefore, the impugned decision had been taken.