SEEKHA PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Since the present batch of writ petitions is closely inter-linked, the same is being disposed of by this common judgment and order.

(2.) In a narrow compass, the undisputed material facts giving rise to all these writ petitions may be put as follows: -

(3.) Some of the other noticeable facts, which are also relevant for determining the individual merit of each of the writ petitions, may be noted as follows: - WP(C) NO. 2650/O1 The name of the petitioner in this writ petition appeared at SI. No. 22 of the select list, dated 06.04.98, which was meant for Assistant Teachers in Science Stream. The respondent Nos. 4, 5, 6 and 8 had appeared in the same selection process and their names had appeared at SI Nos. 23, 24, 11 and 21 respectively. So far as the respondent Nos.7 and 9 were concerned, they had never applied in pursuance of the said advertisement and they had not been selected. Some of the candidates from the said select list, whose names appeared at SI. Nos. 1,3,5 and 15, had been appointed in different schools in Dhemaji district as Assistant Teachers on fixed pay of Rs. 2500/- per month, The appointments of respondent Nos. 4 and 5, whose names appeared at SI. No. 23 and 24 respectively in the select list, dated 06.04.98, aforementioned were arbitrary inasmuch as they had been according to this writ petitioner, arbitrarily allowed to supersede the petitioner, whose name had appeared at SI. No. 22, and so far as the private Respondent Nos. 7 and 9 were concerned, their appoint- ments too were arbitrary inasmuch as they had never appeared in the selection process initiated in the year 1996. The appointments of these private respondents were, thus, illegal and in denial of legitimate right of appointment of this writ petitioner. WP(C) No. 4796/01 The name of the petitioner in WP(C) No. 4796/01 appeared at SI No. 7 of the select list, dated 06.04.98, which relates to the selection of Assistant Teachers in Science Stream. As far as the respondent Nos. 4, 5, 6 and 7 are concerned, their names appeared in the said select list below the writ petitioner, but so far as the respondent Nos. 8 and 9 are concerned, they had never appeared in the said selection process, vet these private respondents were, according to this writ petitioner, illegally, arbitrarily and in denial of the legitimate right of this writ petitioner, appointed as Assistant Teachers on fixed pay as indicated hereinbefore. WP (C) No. 2503/01 & WP(C) No. 2649/ 01 : The name of the petitioner in WP(C) No. 2503/01 appeared at SINo.17 and names of the petitioners in WP(C) 2649/01 appeared at SI. Nos. 19,38,18 and 21 respectively of the select list, dated 15.10.98, which relates to the selection of Assistant Teachers in Arts stream. The respondent Nos. 4 to 7, who have been appointed as Assistant Teachers in the Arts Stream, had never applied in pursuance of the selection process, which recommenced following the advertisement published in the year 1996. Thus, while the private respondents have been appointed without their names having appeared in the select list, dated 15.10.98 aforementioned, the petitioners have been refused appointment. The appointment of the private respondents is arbitrary and contrary to the relevant rules. WP(C) No. 8683/2001: The petitioners in this writ petition are private respondents in WP(C) No. 2650/01 afore mentioned, which relates to a successful candidate in Science Stream. According to these writ petitioners, who are private respondents in WP(C) No. 2650/01, they too had participated in the interview held, in the year 1997, in pursuance of the advertisement issued, in the year 1996, by the Director of Secondary Education and got selected as Assistant Teachers in Science Stream. By a Notification, dated 23.2.2001, issued by the Commissioner and Secretary to the Government of Assam, a District Level Selection Board for selection of teachers of High and Higher Secondary Schools in respect of the Dhemaji district was constituted and as per their recommendations, these petitioners were appointed in various schools on fixed pay. The petitioners have accordingly joined their respective schols and they have continued as Assistant Teachers in those schools since March, 2001, but there is a conspiracy afoot to oust the petitioners from their posts. There are about 25 posts of Assistant Teacher lying vacant under the Inspector of Schools of Dhemaji district. These petitioners accordingly sought for regularization of their services in this writ petition. WP(C) NO. 8652/2001: The petitioners in this writ petition, who are private respondents in WP(C) No. 2503/01 and 2649/01, claimed that they too had participated in the interview held, in the year 1997, in pursuance of the advertisement issued, in the year 1996, by the Director of Secondary Education and got selected as Assistant Teachers in Arts Stream. By a Notification, dated 23.2.2001, issued by the Commissioner and Secretary to the Government of Assam, a District Level Selection Board for selection of teachers of High and Higher Secondary Schools, in respect of the Dhemaji district was constituted and as per their recommendations, these petitioners were appointed in various schools on fixed pay. The petitioners have accordingly joined their respective schools and they have continued as Assistant Teachers in those schools since March, 2001, but there is a conspiracy afoot to oust the petitioners from their posts. There are about 25 posts of Assistant Teacher lying vacant under the Inspector of Schools of Dhemaji district. These petitioners too accordingly sought for regularization of their services in this writ petition. WP(C) NO. 730/2002 The private respondents in WP(C) No. 2650/O1, 2503/01, 4796/01 and 2649/01 aforementioned, who had already filed the writ petitions, namely, WP(C) No. 8683/01 and 8652/01 aforementioned, came jointly with the present writ petition, namely, WP(C) No. 730/ 02, wherein, on the basis of the facts already stated hereinabove, these private respondents, as writ petitioners, sought for regularization of their services as Assistant Teachers.