RUMI BEGUM Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) By this writ application under Art. 226 of the Constitution of India, the petitioner, who is the wife of Late Shahjahan Ali, a Lecturer in Psychology in Uttar Pub -Kamrup College (Junior College), prays for a Writ of Certiorari to set aside the impugned list of Lecturer of the College uploaded on 31.1.2015 in the official website of the Government of Assam, namely, www.secondarymadhyamik.in so far it relates to the respondent No. 7, with further prayer for directing the respondent authorities to include the name of Late Shahjahan Ali in place of respondent No.7 for provincialisation, to grant financial assistance issued prior to provincialisation as well as other service benefits and to provide compassionate appointment to the family of Shahjahan Ali.

(2.) On 27.4.2015, while issuing notice of motion, an interim order was passed directing the respondent authorities not to fill up one post of Lecturer in Uttar Pub -Kamrup College (Junior College) until the returnable date, i.e., 12.6.2015. On 11.6.2015 the respondent No.7 had filed an application for vacation/modification of the interim order dated 27.4.2015. The said application was registered as I.A. No. 599/2015. On 12.6.2015, while directing listing of the case on 24.6.2015, interim order was directed to be continued in the meantime. On 18.6.2015, the petitioner filed an application for a fresh interim order, to be in continuation with the earlier order dated 27.4.2015. The said application was registered as I.A. No. 692/2015.

(3.) It appears from the records that for the first time orders were passed in I.A. No. 599/2015 and I.A. No. 692/2015 on 18.1.2016. Prior to 18.1.2016, it appears from the record that the case was listed on 20.11.2015 and on that day, while directing the Registry to list the case on 18.1.2016, interim order passed earlier was continued. A composite order passed on 18.1.2016 in WP(C) No. 2361/2015, I.A. No. 599/2015 and I.A. No. 692/2015 indicates that on that day submission was advanced by the learned standing counsel, Education (Secondary) Department as well as by Mr. B.D. Das, learned senior counsel appearing for the respondent No.7 that they do not intend to file any affidavit as the outcome of the case would depend on the legal aspects touching upon the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (for short, "the Act"). A prayer was made to take up the writ application for disposal failing which they submitted that the Court may consider the interlocutory applications. It is on that basis thereof that the case was heard on 2.2.2016.