BHABESH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This intra-court appeal has been filed by the appellant challenging the legality and validity of the impugned judgement and order dated 11/08/2015 passed by the learned Single Judge in Respondent No.6's WP(C) No. 5996/2012, by which, his selection and appointment on Grade-IV post in the Barajol High School, Nalbari has been declared as illegal.

(2.) The brief facts are these. Respondent No. 6 - Dharani Kalita was initially appointed as a Grade-IV employee in Barajol High School, within Nalbari District, Assam, pursuant to a letter dated 20/1/2006 issued by the Inspector of Schools, In-charge, Nalbari District and he joined the said School on 21/1/2006. However, he was allowed to withdraw his monthly salaries from another School with effect from 1/1/2006. But his salary was subsequently discontinued and he was informed by the authorities that such adjustment was not proper.

(3.) The Director of Secondary Education, Assam, on 12/9/2012, directed the Inspector of Schools of Nalbari District to recruit Grade-IV staff in provincialized High/Higher Secondary Schools in the District under provisions of the Assam Secondary Education (Provincialized) Service Rules, 200 Accordingly, the Headmaster of the said School advertised for the post on 26/10/2012. Both Respondent No. 6 and appellant participated in the selection process, and appeared in written test held on 18/11/2012, as well as in the viva-voce held on 4/11/2012. But, Respondent No.6 could secure only 05 marks whereas appellant secured 32 marks and hence the appellant was selected. Consequently, appellant was appointed in the vacant Grade-IV post.