MITALI BORA Vs. BHABOTOSH KUMAR ROY

JUDGEMENT

(1.) The appellants and the contesting respondent were appointed as Demonstrators in the year 1991 in the Regional Dental College, Guwahati. The appointments of the appellant was challenged in the Civil Rule No. 976 of 1992 on the ground that he did not possess requisite qualification as on the last date of application. The said writ petition was allowed. The appointment of the appellant was set aside. The appellant filed SLP before the Supreme Court, which came to be dismissed. Later on the appellant filed a review petition. The review petition came to be allowed with a direction that the appellant may be continued in service and regularization of service, if any, should be in accordance with law. The appellant continued in service without regularization. The appellant was regularized in the year 2005. The respondent challenged the regularization on the ground that the appellant did not possess proper qualification; therefore, he should not be regularized. The respondent challenged the said order of regularization and as well the promotion. The appellant filed 3 writ petitions, namely, WP(C) No. 987/01, 3371/02 and 2884/03. This Court passed the following order in the connected writ petitions, WP(C) No. 2884 of 2003:

(2.) Pursuant to the aforesaid order, the Government of Assam, in consultation with the Public Service Commission, regularized the service of the appellant herein and the respondent was placed junior to the appellant in the seniority.

(3.) The respondent aggrieved by the said order of regularization in the year 2005 and fixing the seniority above him filed the writ petition, in question. The learned Single Judge has found that the order of regularization of the appellant herein is bad in law and that the appellant has to go through the regular selection process. The appellant aggrieved by the said order, has filed this appeal.