LAWS(GAU)-2017-5-22

PRIYA MAGAR Vs. STATE OF ASSAM

Decided On May 04, 2017
Priya Magar Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. B. Chetri, learned counsel for the petitioner, Mr. G. Thakuria, learned Standing Counsel for Secondary Education Department and Mr. K.K. Upadhyay, learned State Counsel appearing for the respondent Nos. 3, 4 and 6 being the Deputy Commissioner, Lakhimpur, Additional Deputy Commissioner, Lakhimpur and the Chairman of the Selection Committee.

(2.) The petitioner who has the qualification of having passed the B.A Examination, had responded to an advertisement dated 007.2010 issued by the Headmistress/Secretary of Rangajan High School for the post of Assistant Teacher in English and other subjects on contractual basis. The said advertisement was made pursuant to the employment notice dated 28.06.2010. Upon due selection being made, the petitioner was selected for the subject English in the Rangajan High School. Accordingly, the petitioner was appointed by the contractual engagement letter dated 27.08.2010 and the petitioner had also entered the required agreement with the Managing Committee of the school.

(3.) The petitioner is aggrieved by the decision of the respondent authorities to go for a re-advertisement of the post, in which the petitioner was appointed, as it appeared in a news item published in the local daily "The Pratidin" on 19.09.2010. As per the news item, prior to the appointment of the contractual teachers, some irregularities had taken place in the selection, for which the Deputy Commissioner, Lakhimpur had ordered an enquiry and on the basis of the enquiry, the Deputy Commissioner had directed that the interview be held again against 10(ten) numbers of schools of Lakhimpur, including the Rangajan High School, in which the petitioner was appointed. It had also been stated that the Deputy Commissioner had constituted a new Committee for taking the interview for appointment on contractual basis of the teachers in the said schools.