STATE OF ASSAM Vs. KALPA RAM DEKA

JUDGEMENT

(1.) AN advertisement was published, in the year 1996, by the Director, Secondary Education, Government of Assam, inviting applications from intending candidates to fill up about one thousand posts of graduate teachers lying vacant, in provincialised High School and High Madrassas, in different districts of Assam. In the advertisement aforementioned, the pay-scale of the graduate teachers (Science and Arts) was mentioned as Rs. 1375/- to 3375/- per month. Pursuant to the advertisement, so published, interviews were held in the year 1998 and some select lists were prepared. With effect from 06. 12. 99, Government of Assam imposed a complete ban on appointment in various Government Departments including the Department of Education. However, the Government of Assam Education (Secondary) Department, decided, with the approval of the Finance Department, Government of Assam, to lift the ban on appointment of teachers in High Schools as well as Higher Secondary Schools and WT Messages were accordingly issued, on 25. 03. 2001 and 26. 03. 2001, to the Inspector of Schools of all the districts of Assam with direction to prepare a select list from amongst the candidates, who had already applied pursuant to the advertisement aforementioned. By the said WT Messages, it was also clarified that the appointments, pursuant to the said WT Messages, would be made on a fixed pay of Rs. 2500/- per month. The said WT Messages further made it clear that the appointments would be made on the basis of district wise selection list.

(2.) CLAIMING that they had appeared in the interviews held pursuant to the advertisement, which had been published in the year 1996, that they had been duly selected, that their names had appeared in the select lists and that while they were waiting to receive appointments, they had come to learn that a number of school teachers, including one Bobita Kalita, had been appointed in a hush hush manner by the Inspector of Schools, Kamrup on 31. 03. 2001, (i. e. , the date when the election notification was published) ignoring thereby not only the lists of selected candidates, but also the relevant Rules and norms, the private respondents herein, as writ petitioners, approached this Court with a writ petition, which gave rise to WP (C) No. 6221/2001.

(3.) HAVING found that the writ petitioners (i. e. , the private respondents in this appeal), had, admittedly, stood selected, on their own merit, in the select list prepared for Kamalpur Legislative Assembly, this Court, in its judgment and order, dated 21. 08. 2002, aforementioned, directed as under :