ISWAR UPADHYAY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Doley, the learned counsel representing the petitioners in the WP(C) Nos.4869/2008 and 4870/2008. Also heard Ms. S. Gogoi, the learned advocate appears for the petitioner in the WP(C) No.4468/2008. The standing counsel for the Department of Elementary Education Mr. N.J. Khataniar appears for the respondents in all 3 cases.

(2.) The common challenge in these cases is to the order dated 06.09.2008 issued by the D.I. of Schools, North Lakhimpur, whereby the services of the appointed L.P. School teachers was ordered to be discontinued on the ground that they were appointed illegally and irregularly. The impugned order was issued by the D.I. of Schools in pursuant to the direction given on 14.08.2008 by the Director of Elementary Education (DEE), Assam.

(3.) The petitioners claim that they were lawfully appointed as Stipendiary Teachers in L.P. Schools within different Legislative Assembly segments of Lakhimpur district after due selection and accordingly they assail the legality of the termination order passed against them. The learned counsel refers to the select list prepared by the Sub-Divisional Level Selection Board of North Lakhimpur to project that the names of some of the petitioners had appeared in that select list and therefore they contended that they were appointed through due process.