NALINI KANTA SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution has been filed by the petitioner Shri Nalini Kanta Sharma challenging the judgment and order passed by the Assam Administrative Tribunal on 27. 03. 2001 in case No. 69 ATA/2000.

(2.) THE case of the petitioner is that he joined Haribhanga High School as a graduate teacher on 25. 06. 79. The said School was provincialised in the year 1977. The respondent No. 5 Shri Akshay Thakuria on the other hand was serving as a teacher at Jalkhana Bhatuakhana High School since 07. 11. 1975 at a fixed salary of Rs. 120/- per month. The said School was provincialised on 23. 02. 1980 and the service of the respondent was also regularized from that date. The respondent, thereafter, got himself transferred to Haribhanga High School in the year 1990 and since then he is working as assistant teacher in the said School. When the post of the Assistant Head Master at Haribhanga fell vacant in 1999, the petitioner as well as respondent No. 5 participated in the selection for the post of Assistant Head Master. Further the petitioner was allowed to discharge the function of Assistant Head Master with effect from 10. 05. 2000 on the retirement of the earlier Assistant Head Master. In the above selection process, the petitioner was selected at serial No. 1 and respondent No. 5 was selected at serial No. 2. The respondent No. 5 thereafter approached the Assam Administrative Tribunal in case No. 69 ATA/2000 and vide impugned order dated 27. 03. 2001, the Tribunal set aside the order of selection and also held that the respondent Shri Akshay Thakuria is the most deserving candidate and he should be promoted to the post of Assistant Head Master and hence the present writ petition.

(3.) HEARD Mr. L. P. Sharma, learned counsel for the writ petitioner and Mr. U. K. Nair, learned standing counsel for the respondents.