MRINAL SAIKIA Vs. INDIRA DEVI

JUDGEMENT

(1.) This intra court appeal is directed against the judgment and order dated 30.7.2014 passed by the learned Single Judge of this High Court whereby he has allowed WP(C) No.2590/2011 of Respondent No.1 ­ Indira Devi. Respondent No.5 ­ Mrinal Saikia has also filed separate WA No.286/2014 against the same judgment and order and we intend to decide both these appeals by this common order.

(2.) During the relevant period, the appellant ­ Assam Jyoti Junior College was government aided. It was also being run and managed by the Governing Body. The appellant imparts education at the level of Class XI and XII i.e. Higher Secondary. The syllabus in Arts stream of the college has been approved by the Board of Secondary Education, Assam. The syllabus contains Economics as one of the core subjects. The college was in need of one Lecturer in Economics. The college, therefore, published an advertisement in newspaper on 16.7.2010 inviting applications from eligible candidates for the post of Lecturer in Economics. It was stipulated in the advertisement that candidates were required to possess at least second class Master Degree in the subject of Economics. It was also observed that preference would be given to the candidates having subjects Statistics and Mathematics at degree level. Then a selection committee of five members comprising of experts in the subject and also Principal and Vice Principal of the appellant college was constituted to ensure fair selection having regard to the need of appellant college. And the selection committee after considering all the materials in terms of advertisement, the need of appellant, the suitability of candidate for the post, recommended the names of following three candidates in order of merit ­

(3.) The candidate mentioned above at serial No.1 opted out from the competition. And although, name of Respondent No.1 was at serial No.2 in the merit list, the Governing Body of the college vide its resolution adopted in the meeting held on 10.12.2010 decided to appoint respondent No.5 on the ground that he had subjects of Statistics and Mathematics at degree level which was preferential qualification in the advertisement. The Director of Education, Bodoland Territorial Council also approved the resolution and vide order dated 21.2.2011 appointed Respondent No.5.