ABHINAV DEKA BARUA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. I. H. Saikia, learned counsel for the petitioner as well as Mr. P. Sarma, learned counsel representing the respondent nos. 1, 2 and 3. Mr. P. K. Deka, learned counsel represents respondent no.4.

(2.) ON 15.12.2015 an Advertisement was issued under the hand of the Inspector of Schools, Lakhimpur District Circle, North Lakhimpur inviting applications for filling up the posts of Junior Assistant (LDA) in provincialised Higher Secondary School under Lakhimpur District. In the present case the issue is with regard to the Laluk Higher Secondary School, where one vacancy was shown, to be filled up from the general category. The petitioner applied for the post and qualified in the written test held for the purpose. As per procedure, the petitioner also appeared in the Computer Test, Computer Typing and Viva Voce conducted on 27.1.2016. As per selection made by the Committee, the petitioner was adjudged as having secured the highest marks by taking into consideration the marks secured in all the categories. In fact, he secured a total of 66 marks. The minutes of the selection was sent to the respondent no.3 for the purpose of making appointment. However, a decision was taken by the respondent no.3, and as reflected in the order dated 8.2.2016, re -fixing the Computer Test, Computer Typing and Oral Interview on 12.2.2016. In other words, by the said order dated 8.2.2016, the earlier test and interview was abandoned.

(3.) THE procedure for selection of Junior Assistant (LDA) follows the procedure as laid down under Rule 4 of the Assam Secondary Education (Provincialisation) Service Rules, 2003 (as amended in 2012). The method of recruitment contemplates the School Selection Committee for holding written test along with typewriting test and viva voce. A list is required to be prepared by the said Committee and the same is required to be submitted before the appointing authority for appointment. In turn, the appointing authority i.e. the Inspector of Schools concerned, is required to fill up the vacancy in order of merit/preference from the select list and he is also required to maintain the reservation as per rules, wherever applicable. In the instant case, the consolidated statement of marks of the candidates who had participated in the selection process for the post of Junior Assistant under Laluk Higher Secondary School clearly shows that the petitioner had secured total marks of 66 in all the categories. In fact, he secured 29 marks out of 80 in the written test; 13 marks out of 15 in Computer Test; 15 marks out of 15 in Computer Typing and 9 out of 10 marks in the viva voce. Pursuant thereto, the Committee sent its finding to the Inspector of Schools on 28.1.2016 indicating that the petitioner i.e. Abhinav Deka Boruah had secured the highest marks. Despite the findings and allotment of marks by the Selection Committee, the same was interfered with by the respondent no.3 holding that there was anomaly in the distribution of marks in the various categories. Accordingly, an order was passed that the Computer Test, Computer Typing and Oral Interview be re -scheduled on 12.2.2016.