RATAN BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. P. Bhattacharjee, learned counsel for the respondent No.7 and Mr. K. Gogoi, learned counsel for the No.1 as well as Mr. M. Khataniar, learned counsel for the respondent Nos. 2 and 3. None appears for the petitioner.

(2.) The claim of the petitioner in this writ petition is that the petitioner has been serving as a lecturer in the Department of Chemistry in the additional Science stream of Tangla College since 01.08.2011. He was appointed after going through a proper selection process pursuant to the advertisement dated 08.02.2000 and he joined the department on 01.08.2001. It is stated that the respondent No.7 also joined the department of Chemistry on the same day on the basis of a simple application and without going through any interview or due process.

(3.) Although, the respondent No.7 was erroneously placed against the 3rd post of the department, but the Governing body vide its Resolution No.15 dated 03.11.2005, had made its necessary rectification and placed the petitioner in the 3rd post and the respondent No.7 was 4th post of the department. The resolution No.15 dated 03.11.2005 provides that the Governing body of the Tangla college appointed Shri Phanindra Deka, being the respondent No.7 a lecturer in the Chemistry purely on temporary basis and the petitioner Ratan Biswas as a lecturer in the same department in the 4th post also temporarily appointed vide Resolution No.6. The resolution further states that Ratan Biswas was found to have been appointed after due advertisement in the Assam Tribune and selected by an interview board and after he had stood first in the interview. But as regard the respondent No.7, no records are available relating to any advertisement in interview. It is also stated that the petitioner Ratan Biswas was appointed after going through the proper procedure. Accordingly, the Governing body was of the view that the appointment of the respondent No.7 was through oversight or mistake and therefore, it cannot be said that the said respondent No.7 is holding 3rd post in the department. It is also stated that there is merit in the claim of the petitioner Ratan Biswas for the 3rd post of lecturer, and accordingly, it was resolved to place the petitioner in the 3rd post and the respondent No.7 in the 4th post.