KHUDEJA KHATUN CHAUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.A Mazumder, learned counsel for the petitioner, Mr. B Gogoi, learned counsel for the respondents in the Finance Department, Government of Assam and Mr. R Mazumdar, learned counsel for the respondents in the School Education Department, Government of Assam.

(2.) The petitioner participated in a selection process for appointment of LP School Teachers as per the advertisement dtd. 16/1/1986. As the appointments were not forthcoming and the petitioner along with others who had participated in the said selection process were of the view that they have a legal right to be appointed, had instituted Title Suit No. 55/1990 in the Court of the learned Assistant District Judge, Hailakandi which was decreed by the judgment dtd. 7/9/1993, by which there was a declaration that the plaintiffs therein are entitled to get appointment against vacant posts on the basis of the panel and the defendants are bound to make the appointments strictly maintaining serial position of the panel prepared by the Elementary Education Advisory Board of Hailakandi. The said judgment and decree in the Title Suit resulted in the communication dtd. 7/5/1997 of the Director of Elementary Education, Assam, the relevant portion of which is extracted as below:-

(3.) A reading of the communication makes it discernible that in execution of the decree in Title Suit No. 55/1990, the authorities had processed the claim for appointment of the petitioner and her name was included along with five other persons as mentioned therein for appointment. But, in a later communication dtd. 30/3/2001, resulted in the name of the petitioner Khudeja Khatun Choudhury being deleted from Serial No. 6 as reflected in the earlier communication dtd. 7/5/1997 and the name of another person Ajmat Ali Choudhury was substituted in her place.