ALAUDDIN MONDAL Vs. STATE OF ASSAM & ORS.

JUDGEMENT

(1.) Heard Mr. H.A. Sarkar, learned counsel appearing for the petitioner. The departmental authorities are represented by Mr. U.K. Goswami, the Standing Counsel, Education. The respondent No. 6 Mohammad Ali is represented by Advocate Mr. B. Sinha.

(2.) The petitioner and the respondent No. 6 are litigating since long for the post of Hindi Teacher in the Fakrul Ullum Arabic College (hereinafter referred to as 'the Arabic College') and the petitioner challenges the order dated 27.12.2006 (Annexure-P), whereby the Dy. Director of Madrassa Education, Assam has declared that since the writ petitioner was not appointed by the Managing Committee of the Arabic College, it was illegal and consequently the respondent No. 6, who was appointed by the Managing Committee on 6.9.1992, allowed to continue in service as the Hindi Teacher of the Arabic College.

(3.) It may be noted that the respondent No. 6 was appointed on 6.9.1992, when the venture College was yet to be provincialised but the Arabic College was subsequently provincialised on 15.8.1994. On the other hand the petitioner was appointed as the Hindi Teacher through the order dated 20.1.1993(Annexure-E), issued by the Superintendent of the Arabic College.