VENEETA KASHYAP Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the three petitioners, Lecturers in Hindi, Assamese and English have been serving by now, for almost over a decede, seek to challenge their non-regularisation of service, and pray for quashing the advertisement No. 10/90 as issued by the State Public Service Commission of Assam on 11.10.90 filed as Annexure-'7' to the petition, and a direction to the respondents to regularise the petitioner's services.

(2.) Basic facts leading to the representation of this petition are : The petitioners possess the requisite qualifications for being appointed as Lecturers. Petitioner Dr. Veneeta Kashyap holds a Master's Degree in Hindi Literature securing higher second class from Allahabad University and also possesses Doctorate. The petitioner No. 2, Mrs. Gayatri Kandali obtained her B.A. (Hons) in Assamese in First Class from Dibrugarh University, and later Master of Arts from Gauhati University, securing higher second class. The petitioner No. 3, Smt. Sikha Dutta, did her H.S.S.L.C. in 1964, securing third position in order of merit. She completed her B.A. (Hons) in English literature followed by M.A. an higher second class from Gauhati University. She also possesses a Bachelor's degree in Music. All of them started their career as Lecturers in the State Music College, initially on remuneration per lecture: basis in September, 1955 vide Annexure - 'A'. On 22.12.87, an advertisement Annexure-B, was issued by the Director of Cultural Affairs, respondent No. 3 inviting application for the post of Lecturers in Hindi, Assamese, English and Sitar. The petitioners applied for the post, they were interviewed, and on the basis of recommendations made by the Selection Committee, constituted for the purpose the petitioners were appointed as lecturers as per order dated 20.6.89 (Annexure-C), although it; was temporary but it was extended from time to time, the last notification issued in this behalf is dated 9.4.91, Annexure-E, which is reproduced below : "In continuation of this department's Notification No. ECA 112/87/70 dt 6.11,90, the term of appointment of the following persons as Lecturer of State College of Music, Assam, Guwahati, under Rule 3 (1) of the Assam Public Service (Ad hoc) Appointment Rules, 1986, is hereby extended for a further period of 4 (four) months with effect from 24.2.91 to 23.6.91, i.e. date of expiry of the previous terms of appointment or till regularisation by Assam Public Service Commission, whichever is earlier. (1) Mrs. Sikha Dutta, Lecturer in English. (2) Mrs. Gayatree Kandali, Lecturer in Assamese. (3) Dr. Vineeta Kashyap, Lecturer in Hindi. Sd/- Bireswar Barua. Secretary to the Govt. of Assam. Cultural Affairs Department.

(3.) By an advertisement dated 10.10.90 as published in local press (Annexure-7) the State Public Service Commission called for applications for the posts of Lecturers. The petitioners also applied for the same and were legitimately expecting call letters for interview as they were already in service and were duly qualified which was proposed for 12/13th of June, 1991, Since the petitioners, contrary to the legitimate expectation did not receive any call letter, they approached this Court with the present petition, filed on 7.6.91. A Division Bench of this Court, while issuing rule, by order dated 10.6.91, also stayed the holding of interview in respect of the posts of Lecturers in Hindi, Assamese and English. By subsequent order dated 13.6.91, after bi-party hearing, the respondents were restrained from removing the petitioners from service.