MUSHARAF HUSSAIN Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) Mr. MU Mondal and Md. IH Khan, learned counsel for the appellant. Ms P. Chakraborty, learned Standing Counsel for the respondents.

(2.) This intra Court appeal is directed against the order dated 4.11.2016 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant's WP (C) No.2774 of 2013.

(3.) The appellant belongs to Other Backward Class (in short, OBC) category. Pursuant to the advertisement dated 8.2.2003, he applied for the post of Subject Teacher (Post Graduate Teacher) in English in Jajari Higher Secondary School, Nagaon. The appellant, admittedly, secured 314.80 marks, but respondent No. 4, who had secured only 228.82 marks, was declared selected. Aggrieved, the appellant filed WP (C) No. 2774 of 2013, but the learned Single Judge, by the impugned order, dismissed the same. While dismissing the petition, the learned Single Judge has mainly relied upon the affidavit of Director of Secondary Education, wherein he stated that the post of Subject Teacher in English was reserved for OBC and respondent No. 4, being an OBC candidate, was selected as she had secured highest marks in that category.