MAHESH CHANDRA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Choudhury, learned counsel for the petitioner. Also heard Mr. R. Mazumdar, learned counsel for the respondents in the Department of School Education, Government of Assam.

(2.) The writ petitioner Mahesh Chandra Kalita is the son of an earlier Chowkidar of Ananda Ram Senior Basic School at North Guwahati and upon the superannuation of his father, he was appointed by the Managing Committee of the school against the post of Chowkidar. At the outset it is taken note that Ananda Ram Senior Basic School at North Guwahati is a provincialised school and under the prevailing law, the Managing Committee of the school is not empowered to make any appointment without following the due procedure of law as may be prescribed for such appointment. But however, as the post of Chowkidar was vacant on the superannuation of the earlier incumbent the Managing Committee deemed it appropriate to appoint the petitioner and the petitioner claims that he is continuing to serve in the post of Chowkidar till date.

(3.) It is stated that in the meantime certain regular selection for appointment to the vacant post of Chowkidar was also made but the petitioner could not participate in such procedure inasmuch as he was not duly qualified and in the meantime certain other persons who had participated in the selection process were appointed on the post of Chowkidar but inspite such other persons having been appointed to the vacant post of Chowkidar, the services of the petitioner were continued to have been extracted by the school authorities and the petitioner regularly entrusted his duty as Chowkidar.