MD. ALAUDDIN MONDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. H A Sarkar, learned counsel appearing for the petitioner. The departmental authorities are represented by Mr. UK 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.) THE aggrieved respondent No.6 challenged the appointment of the writ petitioner through the Civil Rule No.552/1994 and this Court by the order dated 5.12.1995 (Annexure-K), quashed the appointment of the Alauddin Mondal and allowed the respondent No.6 Mohammad Ali to continue as Hindi Teacher in the Arabic College. However the departmental authorities were given the liberty to consider the grievances of Alauddin Mondal. Alauddin Mondal being aggrieved filed the Writ Appeal No.33/1996,