MD. USUF ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.R. Borbhuiya, learned counsel appearing on behalf of the appellants. Also heard Ms. B. Goyal, learned Senior Government Advocate, Assam, appearing on behalf of the State respondents, Mr. S. Saikia, learned Standing Counsel, Secondary Education Department as well as Mr. A.R. Bhuyan, learned counsel representing the private respondents.

(2.) Both these appeals arise out of the common judgement and order dated 10/03/2011 passed in WP(C) No. 3740/2010 and WP(C) No. 4228/2010, whereby the learned Single Judge had dismissed the writ petitions filed by the appellants challenging the order dated 09/06/2010 issued by the Chief Secretary, Government of Assam.

(3.) The factual matrix of the case, in brief, is that the Government had earlier issued a communication dated 19/04/2008 according approval to the process initiated by the department of secondary education for filling up 7 (seven) posts of Principal and 30(thirty) posts of Superintendents in the Madrassas/Arabic colleges in Assam. In terms of the said communication, approval of the Finance Department was obtained and thereafter, an advertisement was issued on 30/11/2008 inviting candidature from the eligible candidates. Record reveals that a selection was conducted by the State Selection Board on 20/12/2008 and 22/12/2008, pursuant whereto, a select list was also published on 30/12/2008 notifying the names of the successful candidates. Thereafter, orders of appointments were issued in favour of the selected candidates by the Director of Madrassa Education, Assam on 31/12/2001, on the basis of which the appellants had joined their respective posts as Principals/Superintendents in Madrassa/Arabic Colleges.