SUSHANTA PROTIMA PATHAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T. J. Mahanta and Ms. P. Bhattacharya, learned counsel appearing for the petitioner and Mr. V. M. Thomas, Mr. T. C. Chutia and Ms. M. Das, learned counsels appearing for the respondent No. 2, 3 and 4 respectively in W.P. (C) No. 9308 of 2004. Also heard Mr. H.R. A. Choudhury, learned senior Advocate and Mr. A. Matin appearing for the petitioner and Mr. V.M. Thomas, Mr. T.C. Chutia, Ms. M. Das and Mr. T. J. Mihanta, learned counsels appearing for the respondent No. 1, 2, 3 and 4 respectively in W.P. (C) No. 9151 of 2004.

(2.) The petitioner (of the writ petition (C) No. 9308/2004) has prayed for setting aside the selection of respondent No. 4, namely Ms. Anurupa Choudhury to the post of Lecturer of Mathematics in Government B.T. College and for issuance of writ of mandamus directing the respondent authorities to appoint him to the said post. The petitioner (of the writ petition No. 9151 /2004) has prayed for quashing the selection of respondent Nos. 3 and 4, namely Ms. Anurupa Choudhury and Mr. Sushanta Protim Pathak and has sought direction to the State Government to appoint him against the second vacancy.

(3.) Since the prayer in both the writ petitions is common i.e. for the selection to the post of Lecturer, Mathematics, therefore, these are being adjudicated together. As revealed from the records, two post of Lecturer of Mathematics were advertised for appointment in Government B.T./B.Ed. College under Education department. The relevant contents of advertisement dated 17.12.2002 are as below: Educational qualification & Experience M.A./M/Sc. in Mathematics with 55% marks and M.Ed./M.A. (Education) with 50% marks and good academic records plus 5 years teaching experience in recognized Secondary/Senior Secondary School. Scale of Pay: Rs. 5725/- 175-6600-250-7350-EB-250-8100-325 -11025-400-11825A P.M. plus other allowances as admissible under Rules. Age : Minimum 21 years and maximum 36 years of age as on 1.1.2002. The upper age limit is relaxable by 5 years in case of SC/ST candidates. Relaxation (i) A relaxation will be provided in respect of M.Ed./M.A. Education) degree with 50% marks to B.Ed, with 55% marks with 5 years teaching experience if there is dearth of candidate to having M.Ed./M.A. (Education) with 50% marks. However, teacher appointed with this qualification will have to acquire M.Ed. qualification within 5 years (ii) A relaxation of 5% will be provided from 55% marks to 50% of marks at the Master Degree level for SC/ST category of candidates. The advertisement in question is enclosed as Annexure-3 to the writ petition No. 9308/2004.