BABITA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Dutta, learned counsel representing-appellant as well as Mr. K.P. Pathak learned Standing Counsel, Secondary Education Department, appearing for the respondents.

(2.) This intra-Court appeal is presented against the order dated 05.04.2016 passed in WP(C) 4195/2013.

(3.) The appellant/writ petitioner had responded to the Advertisement in the year 1996 for recruitment to the post of teachers including the posts of Assistant Teachers (Graduate Teachers), Classical Teachers, Hindi Teachers etc. in various provincialised High/Higher Secondary Schools and High Madrassas in the State. At that point of time she had passed Higher Secondary and had qualification as Probin in Hindi and therefore applied a post of Hindi Teacher. The District Level Selection Board, Kamrup had selected the appellant for the post of Assistant Teacher and following the said selection she was appointed as an Assistant Teacher in Kachari Mahal High School, Madhukuchi in the district of Kamrup. The appointment was made by the Inspector of Schools, Kamrup by his order dated 31.02001. At the time of making application, the appellant admittedly did not have the requisite qualification for appointment as Assistant Teacher (Graduate Teacher) but having regard to the selection taking place after about four years, she had obtained the requisite qualification in the meantime. It was on this count that she came to be selected by the District Level Selection Board, Kamrup for the post of Assistant Teacher and not as a Hindi Teacher. Consequent upon her joining on 02.04.2001, a verification exercise was initiated by the Inspector of Schools, Kamrup and on 10.08.2001, the appointment order of the appellant was withdrawn. The appellant filed WP(C) 6842/2001 and this Court while admitting the same had stayed the operation of the order dated 10.08.2001. The appellant had the occasion to file a contempt application and during that time she was accommodated as an Assistant Teacher in Modartala Bidyapeeth High School on 28.06.2004. The writ petition i.e. WP (C) 6842/2001 was eventually allowed by order dated 08.02.2007 on ground that the withdrawal of the service of the appellant was in violation of the principles of natural justice. In the year 2004 itself, another writ petition i.e. WP(C) 9199/2004 was filed by a set of persons challenging the appointment of the appellant as Assistant Teacher and also seeking appointments in their favour. The said writ petition was disposed of by order dated 15.02011 holding that no direction can be made for appointment of the petitioners therein. However, in so far as the appellant is concerned (who was arrayed as respondent no. 4), a direction was made to the Director of Secondary Education, Assam to cause an enquiry on the legality of her appointment as a teacher in Modartala Bidyapeeth High School with further direction that if upon such enquiry it is found that she was undeservedly appointed, necessary steps would be taken to correct the illegality. It was also made clear that no adverse order be passed without affording opportunity of hearing to her.