MOINUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE challenge made in this writ petition by the petitioner is approval and appointment of private respondent No. 6 herein as Assistant Teacher in Manulla Para High School, District-Dhubri by the Managing Committee of the said school vide resolution Nos. 2 and 3 of the committee dated 31. 3. 2007 and provisional approval thereof vide order dated 8. 5. 2007 by the Inspector of School, Dhubri Circle, District-Dhubri.

(2.) THE Headmaster/secretary of Manulla Para High School invited applications from eligible candidates for filling up a post of Assistant Teacher (Science) in Manulla Para High School, Dhubri vide advertisement dated 27. 2. 2007 resolved vide resolution No. 3 of the Managing Committee of the said school (Annexure-4 ). In the said advertisement the number of post, name of the post, requisite qualification and age have been incorporated. Pursuant to the said advertisement, the writ petitioner having requisite qualification applied for the post and his application was received by the school authority vide annexure-5 dated 20. 3. 2007. Altogether four numbers of applications were received by the concerned authority of the said school including the writ petitioner. But the respondent Nos. 4 and 5 without conducting any interview arbitrarily appointed private respondent No. 6 in the post which was sought to be approved by the respondent No. 3 as Assistant Teacher (Science) of the said school. The writ petitioner having had the knowledge of such move of the Managing Committee filed a writ petition being WP (C) No. 2223 of 2007 before this court seeking setting aside the impugned appointment of the respondent No. 6 and for restrainment of approval by the respondent No. 3. This Hon'ble Court after hearing the parties issued an interim order dated 11. 5. 2007 with a direction to respondent No. 3 not to approve the appointment of respondent No. 6 until returnable date on 25. 5. 2007, if in the meantime the approval was not accorded.

(3.) RESPONDENT No. 3 even after receipt of the order dated 11. 5. 2007 approved the appointment of the respondent No. 6 by putting a back date in the approval letter which constrained the writ petitioner to withdraw the writ petition No. 2223 of 2007 with a liberty to file afresh in view of change of circumstances or in other words subsequent development.