MADHURI BORTHAKUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The extra-ordinary jurisdiction of this Court conferred by Article 226 of the Constitution of India is being sought to be invoked by means of this writ petition whereby the petitioner has put to challenge the selection and appointment dtd. 2/5/2017 of the respondent no. 6 as Principal of the Mallow Ali HS School in the district of Jorhat.

(2.) There is a chequered history in this case and to understand the issue involved, it would be convenient if the background facts are noted in brief.

(3.) The petitioner is an Assistant Teacher in the Malowali HS School in the district of Jorhat (hereinafter called the school). In the year 2011, when the post of the Principal of the School had fallen vacant, the petitioner was given the charge of the Principal vide an order dtd. 29/7/2011. However, it is the case of the petitioner that after 43 days, vide an order dtd. 8/9/2011, she was replaced by the respondent no. 5. The said action was based on a Government Notification dtd. 29/3/2011 whereby Subject Teachers were to be given priority over Assistant Teachers. This Court has however been informed that the aforesaid notification was interfered with in a writ petition being WP(C)/4836/2011 vide order dtd. 21/3/2012, which was filed by another party.