ABDUL JABBAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioners have prayed for quashing the order dated 20.9.96 passed by the Director of Higher Education, Assam, resolution No.3 of the Special Body of the Moirabari College passed in its meeting held on 1.6.97 and the notices dated 14.7.97 terminating the services of the petitioners,

(2.) The facts briefly are that the Moirabari College was established sometime in the year 1981 and was taken over by the Government under deficit system of grants-in-aid with effect from 11.1.96. By an order dated 26.4.96 of the Director of Public Instructions, Assam, the Governing Body of the College with Mustafa Safiul Islam as its President was constituted. The said order was challenged in Civil Rule No.3705/96 and by an interim order passed by this Court on 28.8.96 the operation of the aforesaid order dated 26.4.96 of the Director of Public Instructions, Assam, constituting the Governing Body of the College was stayed. During the pendency of the said Civil Rule, however, a Special Body of the College with Sri Babul Das, Minister, State, Fisheries, Assam, as its President was constituted by the State Government by notification dated 27.5.97, The said notification dated 27.5.97 was also challenged before this Court in Civil Rule No.2517/97 and this Court while issuing Rule on 2.6.97 passed an interim order to the effect that pending disposal of the Civil Rule and until further orders, the said notification dated 27.5.97 shall suspended. Thereafter, an application was fifed before this Court numbered as Misc.Case No.352/97 for vacating the said interim order dated 2.6.97 and this Court took a view that the Special Body constituted under Notification dated 27.5.97 should be allowed to function till Civil Rule Nos.3705/96 and 2517/ 97 are disposed of after hearing on merit and, accordingly, vacated the said interim order dated 2,6.97. The aforesaid civil rules are still pending disposal. In the meanwhile, the Governing Body of the College which was constituted under order dated 26.4.96 of the Director of Public Instructions, Assam and which is under challenge in Civil Rule No.3705/96 appointed petitioners No.2 to 7 as Lecturerers in different subjects, and petitioners No.1 and 11 as Laboratory Bearer and Library Bearer respectively by resolutions adopted in its meeting held on 26.5.96. But the said appointments of & Lecturers including the petitioner Nos.2 to 7 and 7 non-teaching staff including the petitioner Nos.l and 11 were not approved by the Director of Higher Education, Assam and in the impugned order dated 20.9.96 of the Director of Higher Education, Assam, communicated to the Principal of the Moirabari College it was observed that the appointments in deficit Colleges could be made only after obtaining the prior approval of the Director of Higher Education, Assam, but as no prior approval had been obtained and the posts had not been advertised and no selection process had been followed, the 15 appointments of teaching and non-teaching staff were not valid under the established Rules and procedure. By the said impugned order dated 20.9.96, the Director of Higher Education, Assam, requested the Principal of Moriabari College to advertise the posts after the posts were allotted to the College and take necessary action for filling up the posts as per Rules and procedure. The Special Body of the College in its meeting held on 1.6.97 adopted the impugned resolution for cancellation of the illegal appointment of the petitioners and thereafter issued the impugned notices dated 14.7.97 to the petitioners terminating the petitioners from service. Soon thereafter an advertisement was published in the Assam Tribune dated 20.7.97 by the Secretary of the Special Body of the Moirabari College inviting applications for appointment to different posts of Lecturerers and different posts of non-teaching staff. Aggrieved, the:petitioners filed the present Civil Rule challenging the aforesaid order dated 20.9.97 of the Director of Higher Education, Assam, the aforesaid resolution of the Special Body meeting held on 1.6.97 and the termination of the services of me petitioners by notices dated 14.7.97.

(3.) When the Civil Rule was moved on 30.7.97, this Court while issuing the Rule stayed the termination notices dated 14.7.97 and directed the respondents not to proceed with the process of selection pursuant to the advertisement dated 20.7.97. The aforesaid interim order was however challenged before the Division Bench in Writ Appeal No. 454/97 and the Division Bench by its order dated 11.8.97 stayed the operation of the said interim order dated 30.7.97 passed by the learned Single Judge in the present Civil Rule and after hearing the parties disposed of the writ appeal by judgment and order dated 26.8.97 with the direction that this Civil Rule shall be heard and disposed of not later man 22.9.97 and with the further direction that no action shall be taken by the respondents to make fresh appointment till the Civil Rule is disposed of. It was further directed that the interim order passed by the Division Bench on 11.8.97 would continue to be operative. Hence the present position is that the petitioner stand terminated from service under the impugned order dated 14.7.97, but fresh recruitment to the posts to which the petitioners were appointed is yet to take place pursuant to the advertisement dated 20.7.97.