LAWS(GAU)-2004-11-35

DEBASHISH DEY Vs. STATE OF ASSAM

Decided On November 27, 2004
DEBASHISH DEY Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) ALL the three writ petitions having nexus to each other and filed by the same petitioners were heard analogously and are being disposed of by this common judgment and order.

(2.) W. P. (C) No. 2686/2003 was filed by the four petitioners praying for a direction to the respondents to appoint them as LD Assistants (LDA) in the High and Higher Secondary Schools in the district of Karimganj pursuant to inclusion of their names in the select list prepared for the purpose. A further prayer was made not to fill-up the vacant posts of LDA through any other persons other than the petitioners. The writ petition was admitted by order dated 08. 04. 2003 and an interim direction was issued not to make any appointment to the posts of LDA outside the list prepared. Be it stated here that the advertisement for the aforesaid posts was issued on 09. 07. 1998 and the selection was conducted in 1998 itself and the select list was prepared on that basis. In this connection the petitioners placed reliance on Annexure-4 office note dated 26. 04. 1999 by which the Inspector of Schools, Karimganj District Circle (KDC), Karimganj asked the concerned dealing assistant to put up file and draft for appointment of the candidates as indicated in the note who are the petitioners in the writ petition.

(3.) INSPITE of the aforesaid interim order dated 08. 04. 2003 and rejection of the prayer of the private respondents who got themselves impleaded in the writ petition to vacate the interim order, the Inspector of Schools, KDC issued an order dated 18. 09. 2003 filling up the vacancies of LDA by transfer and by adjustment. The prayer of the private respondents for vacating the aforesaid interim order was rejected in Misc. Case No. 74/2003 directing to maintain status quo on the date of passing of the order i. e. 05. 06. 2003 between the writ petitioners and the private respondents as regards the appointment to the posts of LDA.