TILAK GOGOI Vs. PRABIN CHUTIA

JUDGEMENT

(1.) Mr. Tilok Gogoi, working as Assistant teacher of Gogamukh Nagar High School, P.O. Gogamukh, District Dhemaji was one of the respondents in a writ petition in Civil Rule No, 3933 of 1996, in which Mr. Prabin Chutia, the first respondent herein, was the petitioner. In the writ petition he has sought for the following relief for the reasons stated in the writ petition : "It is, therefore, prayed that your Lordships would be pleased to admit this application, call for the records of the case and issue a Rule calling upon the respondents to show cause as to why the services of the petitioner shall not be regularised against the sanctioned vacant post of assistant science (Bio) Teacher by declaring and holding that the respondent No. 6 is not qualified to that post or as to why such further or other order or orders shall not be passed as deemed fit and proper", and consequential reliefs, This petition was opposed by the appellant by filing a statement of objections by way of a counter. While considering the facts and circumstances of the case, including the pleadings of the writ petition, the learned Single Judge of this Court referred to an affidavit sworn to by an authority of the Dibrugarh University (Respondent No.3 in the writ petition). In the said affidavit it has been stated that Shri Tilok Gogoi, the contesting respondent in the writ- petition, played a trick with the Court and obtained an order misleading the Court. It is further stated that according to the allegation found in the affidavit. Mr. Tilok Gogoi never passed B.Sc. examination and the University has pointed out that the certificate as well as the marksheet produced by him along with the writ application were found forged and that they are not genuine documents. After verifying contents of the affidavit filed by the University authority, the learned Single Judge proceeded to hold as follows :

(2.) Apart from the strictures made against Mr. Tilok Gogoi, the learned Single Judge proceeded to issue further directions as follows :

(3.) It appears, not being satisfied with this situation, the learned single judge also in exercise of power under Article 215 of the Constitution of India purportedly issued the following direction :