BARNALI DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By way of this application under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 11.12.2012 passed by the Director of Higher Education, Assam terminating the service of the petitioner as Assistant Professor in the Department of Assamese in Pub-Kamrup College, Baihata Chariali, District-Kamrup with immediate effect. She further seeks a direction to the respondents to re-instate her in service.

(2.) Case of the petitioner as projected in the writ petition is that she belongs to the Scheduled Caste community in respect of which caste certificate dated 11.03.1996 was issued by the office of the Deputy Commissioner, Nalbari. As per the said caste certificate, petitioner has been certified as belonging to the Mali caste which is recognized as a Scheduled Caste under the Constitution (Scheduled Caste) Order, 1950 in respect of the State of Assam. Following a selection process, the Managing Committee of Pub-Kamrup College (College) adopted resolution dated 11.12.2002 to appoint the petitioner as Lecturer in Assamese against a vacant post reserved for Scheduled Caste category candidate. The Director of Higher Education, Assam by order dated 10.02.2003 approved the said resolution of the Managing Committee. Thereafter, the Principal of the College issued office order dated 11.02.2003 appointing the petitioner as Lecturer (now Assistant Professor) in Assamese in the said College. Petitioner joined on 13.02.2003 and started serving as such.

(3.) Based on a newspaper report that petitioner had obtained appointment by making a false claim of being a member of the Scheduled Caste community, the office of the Deputy Commissioner, Kamrup (Rural) wrote to the petitioner vide letter dated 25.06.2012 stating that an enquiry was being conducted regarding her appointment as Lecturer in the College as Scheduled Caste candidate. Petitioner was asked to appear in the office chamber of the Extra Assistant Commissioner on 28.06.2012. Petitioner appeared before the said authority and submitted all the documents, including her caste certificate. Subsequently, the Addl. Deputy Commissioner, Nalbari also issued a letter dated 09.07.2012 to the petitioner requesting her to be present in his office on 11.07.2012 alongwith her original documents relating to proof of her Scheduled Caste certificate. Accordingly, petitioner appeared before the said authority on the date fixed. However, the outcome of the enquiry was not made known to the petitioner.