INDIRA DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.R. Tahbildar, learned counsel for the petitioner and Mrs. R.B. Bora, learned standing counsel, BTC. I have also heard Mr. U.J. Saikia, learned counsel representing the respondent Nos.4 and 5 and so also Mr. N. Sarma, learned standing counsel, Education Department. Mr. T.J. Mahanta, learned counsel appearing for the respondent No.6 has also been heard.

(2.) The challenge in this writ petition is the decision of the respondents to appoint the respondent No.6 to the post of Lecturer in Economics in the respondent college, although in the merit list, he was placed at serial No.3 as against the serial No.2 occupied by the petitioner. It is on record that the selectee No.1 opted out from the purview of appointment and thus it is the petitioner who occupied the first merit position in the matter of appointment. As against the total marks of 129.1 secured by the petitioner in the selection, the respondent No.6 secured 122.5.

(3.) Inspite of the aforesaid recommendation of the petitioner ahead of the respondent No.6, the Governing Body of the college by its resolution adopted in the meeting held on 10th December, 2010 decided to appoint the respondent No.6 on the ground that he had Statistics and Mathematics in degree level, which was preferential qualification in the advertisement. The Director of Education, BTC also accepted the said resolution of the Governing Body and appointed the respondent No.6 vide Annexure -V order dated 21st February, 2011.