FARID UDDIN CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) WHEREAS , the challenge in W. P. (C) No. 1237/2008, is lodged against the WT Message dated 02. 02. 2008 from the Under Secretary, Government of Assam, Education Department, Dispur, Guwahati cancelling the extension of the service of the petitioner therein as a Lecturer of Political Science in Hojai College, Hojai (hereafter for short referred to as the 'college'), the petitioner in W. P. (C) No. 1173/2006, has assailed the order dated 19. 01. 2006 of the Principal, Hojai college, Hojai, appointing Md. Farid Uddin Choudhury (petitioner in W. P. (C) No. 1237/2008) to the said post on probation subject to the stipulations contained therein. As the issues raised in the two petitions are evidently co-related and the parties thereto are also common, those were analogously heard and are being disposed of together.

(2.) I have heard Dr. B. Ahmed. learned counsel for the petitioner (W. P. (C) No. 1237/2008), Mr. D. Mazumdar, learned counsel for the petitioner (in W. P. (C) No. 1173/2006) and Mr. S. K. Medhi, learned counsel for the College and its authorities.

(3.) ON an application, thereafter, filed by the College authorities (M. C. No. 1123/1999), this order was vacated. The petitioner, thereafter, filed another interim application registered as MC No. 1357/1999, on which by order dated 07. 02. 2000, this Court directed the Director of Higher Education, Assam, to attend to the representations submitted by him within a period of three weeks. Pursuant to the said order, the Deputy Director of Higher Education, Assam by this letter dated 03. 12. 2002 required the Principal of the College to take necessary action in the matter by placing the petitioner's case again before the Governing Body. The petitioner's representation dated 15. 02. 2000 submitted earlier on the issue, was also forwarded. While the matter rested at that, the post was again advertised on 17. 08. 2002, indicating it to be reserved for SC candidates. Being aggrieved, the petitioner filed another interim application in W. P. (C) No. 3207/1999, which, however, remains undisposed. The petitioner's representations submitted before the departmental authorities, also did not evoke any response.