SALEHA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge made in this writ petition is in respect of termination of the services of the petitioner as Assistant Teacher (honorary basis) by the Managing Committee of the school.

(2.) The petitioner was first appointed as Assistant Teacher on honorary basis in the school in question by the Managing Committee of the school by its order dated 22.1.89 in response to the application submitted by the petitioner on 8.1.89. According to the petitioner she was the second senior most teacher of the school after one Sri Anser Ali. Upon his resignation from the post of Headmaster of the school with effect from 26.3.98 accepted by the Managing Committee on 25.5.98, she was under expectation to be appointed as incharge Headmistress of the school. However, contrary to such expectation, the Managing Committee circulated an advertisement on 12.5.98 confining the candidatures only to the male candidates. According to the petitioner, same was done with a view to deprive her from the post of Headmistress.

(3.) In the aforesaid situation, the petitioner approached this Court by filing a writ petition being Civil Rule No. 28137 1998 and by interim order dated 10.6.98 the advertisement was stayed. Later on, the petitioner withdrew the writ petition on 11.8.99. In between, the Managing Committee of the school terminated her service by its resolution adopted on 27.6.98. It is the case of the petitioner that the Managing Committee, being annoyed with her in view of her filing the aforesaid writ petition, adopted such a course of action.