MOMTAZ BEGUM Vs. MOUSUMI MAZUMDAR

JUDGEMENT

(1.) This intra-court appeal is filed by the appellant being aggrieved with the order dtd. 11/1/2019 passed by the learned Single Judge in W.P.(C) No. 2354/2014 whereby the writ petition filed on behalf of the respondent No. 1 herein has been allowed and the appointment of the respondent No. 7/ writ appellant as Assistant Teacher in Akabasti M.E. School was cancelled. Further direction is also issued by the learned Single Judge to the respondent authorities, more specifically to the Director of Elementary Education to examine whether withdrawal of Rs.1.52 Lakhs by the respondent No. 7/ writ appellant was in accordance with law and, if not, to initiate recovery proceedings. It is further directed by the learned Single Judge that resultant vacancy on discontinuation of service of respondent No. 7/ writ appellant may be filled up by a duly conducted recruitment process by giving the respondent No. 1 an opportunity to participate, if found to be eligible and qualified.

(2.) The issue raised by the respondent No. 1 in the writ petition was regarding the appointment of the appellant as Assistant Teacher vide order dtd. 17/11/2011. The learned Single Judge has concluded that her appointment on the post of Assistant Teacher was illegal. Hence, the same was cancelled by the impugned judgment.

(3.) During the course of hearing of this appeal, a coordinate Bench of this Court vide order dtd. 27/2/2023 has directed to conduct an enquiry into the allegation pertaining to the irregularities and illegalities in the provincialisation of the appellant under Sec. 13(10) and 13(11) of the Assam Education (Provincialisation of Services of Teachers and Re- Organization of Educational Institutions) Act, 2017. As per the direction given by this Court the enquiry was conducted by the Director of Elementary Education and report of the same was placed before this Court on 9/6/2023.