DIPAK KUMAR SINHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD the learned counsel for the parties. By this writ petition the writ petitioner has prayed for a mandamus directing the respondents to regularize the service of the petitioner as Science Graduate Teacher on Sonapur Public M. E. School with effect from 30.01.1996. The petitioner was appointed by order dated 31.01.1996 as a Science Graduate Teacher in the said school for a period of three months. The terms of his appointment was further extended on two occasions by orders dated 28.06.1996 and 27.08.1996. As per the last extension the services of the petitioner continued till 30th October, 1996. The admitted position is that there is no further extension extending the service of the petitioner. Thereafter different correspondence were made asking for reports, etc., on the status of the service of the petitioner and other similarly situated teachers. In the mean time an advertisement was issued for filling up the posts of Assistant Teacher in provincialised M. V., M. E., M. E. Madrassa, Senior Basic, Junior Basic and Junior L. P. School of different districts of Assam. It is the case of the petitioner that he being fully eligible and qualified responded to the said advertisement and after acceptance of his candidature, he was directed to appear in the selection conducted by a Sub -divisional level Selection Board. However, nothing has been stated as to what transpired thereafter.

(2.) MR . Borbhuyan, referring to the additional affidavit filed on 1.5.2001, has strenuously argued that at least two persons similarly situated like that of the petitioner have been granted favour by the respondents by way of regularization of their services. According to him the petitioner is entitled to similar treatment and his service be required is regularized.

(3.) THE Supreme Court in the case of Dr. M. A. Hague and Ors. v. Union of India and others as reported in (1993) 2 SCC 213 has observed as follows :