ARIF UDDIN Vs. GOVERNMENT OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Gogoi, learned counsel for the petitioner and Mr. B. Kaushik, learned counsel for the respondents No. 1 to 3, being the authorities in the Secondary Education Department. Although the learned counsel Mr. B. Chanda appears for the respondents No. 4 and 5, but at the time of the matter being heard none appears.

(2.) The writ petitioner Arif Uddin participated in a selection process pursuant to an advertisement dtd. 10/12/2015 of the Headmaster of Moukhuli Swahid Anil Bora Memorial High School. The selection was made by the selection committee dtd. 17/12/2015 and the result sheet of the interview was prepared by the selection committee on 31/1/2016 and the SMDC in its resolution dtd. 8/3/2016 had approved the selection which was in favour of the writ petitioner Arif Uddin. Some of the unsuccessful candidates lodged a complaint dtd. 20/6/2016 that there were some procedural irregularities in the selection that was made. The unsuccessful candidates instituted WP(C) No. 4219/2016 and on the other hand, on the basis of the selection that had been approved in the favour of the writ petitioner, the writ petitioner instituted WP(C) No. 4896/2016 seeking a direction that he be appointed. The writ petition WP(C) No. 4219/2016 was dismissed by the order dtd. 7/3/2018 by allowing the petitioners therein to submit a representation before the authorities. In view of the order dtd. 7/3/2018 in WP(C) No. 4219/2016, the writ petition by the writ petitioner Arif Uddin being WP(C) No. 4896/2016 was dismissed on being infructuous.

(3.) The result of the liberty granted to the petitioners in WP(C) No. 4219/2016 to file a representation resulted in the order dtd. 14/6/2018 of the Inspector of Schools, Nagaon. The Inspector of Schools in its order dtd. 14/6/2018 arrived at a conclusion that the evaluation by the selection committee in respect of some of the answer scripts was done in a casual manner and certain marks in some of the answer scripts were left to be later on added by the examiner. In the circumstance, the Inspector of Schools formed a view that the approval of the appointment of the writ petitioner Arif Uddin cannot be acted upon. Being aggrieved, the present writ petition WP(C) No. 7720/2018 has been instituted.