JUTHIKA BARMAN Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) In this writ Petitioner under Article 226 of the Constitution of India, the Petitioner has prayed for quashing the letter dated 23-12-92 of the Principal, Gauhati Commerce College, Guwahati (Respondent No. 4) releasing her from the post of Lecturer in Economics with effect from the forenoon of 1st January, 1993 and for directions on the Respondents No. 3 and 4 to take back the Petitioner in service with immediate effect and to appoint her in the post of Lecturer which fell vacant due to termination of the services of Dr. B.N. Nath as Lecturer of Economics after following the procedure of regular appointment of Lecturer.

(2.) The brief facts relevant for the purpose of this writ petition are that by an advertisement dated 3-6-89 published in the Assam Tribune, a true copy of which is annexed to the writ petition as Annexure-1, the Secretary of the Governing Body of the Gauhati Commerce College Guwahati invited applications inter-alia for the posts of two Lecturers in Economics against lien vacancies from persons with the required qualification of M.A, in Economics with Honours/Major in Economics in the first Degree and pursuant to the said advertisement the Petitioner along with 8 other candidates applied for the said posts. Thereafter the Petitioner was asked to appear before a Selection Committee on 22-7-89 and on the recommendation of the Selection Committee, the Governing Body of the Gauhati Commerce College (Respondent No. 3) appointed Petitioner as a Lecturer in the Department of Economics in the College against the lion vacancy of Dr. B.K. Nath. In the letter of appointment dated 8-11 -89 (Annexure-2) issued by the Respondent No. 4, it was expressly stipulated that the appointment of the Petitioner was subject to various terms and conditions and one such condition was that her appointment was terminable on the expiry of the lien period of Dr. B.K. Nath or on the date of which he comes back and re-joins his duties in the College, whichever is earlier. It was also stipulated as a condition that her appointment was subject to the final approval of the Director of Public Instruction, Assam. By Memo dated 13-6-90 (Annexure-B), the Inspector of Colleges, Assam conveyed the approval to the appointment of the Petitioner as Lecturer to Economics in the College w.e.f. 7-8-89, the date on which she joined as such Lecturer and it was expressly stipulated in the said approval order that on expiry of the leave period of Dr. B.K. Nath the Petitioner will be released from service. Pursuant to the appointment, the Petitioner joined and continued as a Lecturer in Economics in the College for the entire two years lien period of Dr, B.K. Nath who was working during the said period as Deputy Director of Public Instruction, Assam. But even after the expiry of the said lien period, the Petitioner continued as Lecturer in Economics in the College. On 19th Nov. 92, however, an advertisement was published by the Principal of the College inviting applications inter-alia for the post of the Lecturer in Economics in the College, but the Petitioner was not considered for the said post, nor was any one appointed, in the said post of Lecturer in Economics pursuant to the said advertisement Finally by the impugned letter dated 23-12-92 (Annexure-3). Respondent No. 4 in intimated the Petitioner that in terms, of the prior approval of the D.P.I. Assam for appointment against lien vacancy the Petitioner was formally released from the post of Lecturer in Economics w.e.f. the forenoon of 1.1.93. Thereafter the Petitioner submitted representation dated 29-12-92 (Annexure-6) to the Director of Public Instruction, Assam stating therein that her service was suddenly terminated from 1-1-93 alter 3 years and 5 months of continuous service and requested him to look into the matter and take appropriate action. Since the Petitioner did not get any relief from the Director of Public Instruction, Assam she filed this writ petition on 19.7.93 under Article 226 of the Constitution of India.

(3.) It appears from the order sheet that by order dated 20-7-93, Rule was issued and as interim measure it was directed by this Court that the post of Lecturer which was held by the Petitioner in the Gauhati Commerce College shall not be filled up until further orders, Thereafter two separate affidavit-in-opposition have been filed on behalf of the Director of Public Instruction (Respondent No. 2) and the Governing Body and the Principal Commerce College (Respondents No. 3 and 4).