NAZIMUDDIN MAJUMDAR Vs. ANIMESH BHATTACHARJEE

JUDGEMENT

(1.) This appeal is presented by the appellant Mr. Nazimuddin Mazumdar, who was respondent No. 5 in the Civil Rule No. 4409/ 94, presented before this Court. The writ petitioner in the above Civil Rule had called in question the appointment of the appellant herein as Vaccinator and N.RW. trainee, made by the Director of Health Services, Assam,Guwahati, in the impugned order dated 5th May, 1993,Annexure-Atothe writ petition. The main grounds of attack in the writ petition was that although the competent authority, viz., the Director of Health Services, had made selection of meritorious candidates, the name of the writ petitioner being at serial No. 1 and that of the 5th respondent being at serial No. 3 of the Select list, at the time of issuing order of appointment, the Joint Director of Health Services, ignoring the writ petitioner who was at serial No, 1, issued order of appointment to the contesting respondent. Hence the writ petitioner seeking to quash that order of appointment on the above grounds. Mr. Babul Das who was standing at Serial No. 2 of the Select List had no grievance as he was already appointed. This was contested by the appellant herein by filing a counter.

(2.) The learned Single Judge after hearing the learned Counsel on both sides, refering to the facts of the case, allowed the writ petition holding that the impugned order dated 5th May, 1993 appointing the 5th respondent in the writ petition to the post referred to above, ignoring the 1 st rank held by the petitioner in the Select list was illegal. Thus by an order made on 24th May, 1995, the learned Single Judge allowed the writ petition quashing the impugned order. Hence this appeal.

(3.) We have heard the learned counsel on both the sides.