MANASHI GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner hereby endeavours to invoke the extra ordinary writ jurisdiction of this Court for an appropriate writ to the respondents requiring them to regularise her services as an Assistant Teacher in Akaya Girls ME School in the district of Barpeta (hereinafter referred to as the 'school') and release her monthly salary, arrear and current.

(2.) I have heard Mr. N. Dutta, Senior Advocate for the petitioner and Mr. Dutta, learned Standing Counsel, Education Department for the Respondent Nos. 1 to 4.

(3.) THE respondent Nos. 1 to 4 in their joint affidavit have maintained that the petitioner's appointment has been dehors the observance of the procedure prescribed by law. According to them, her name did not find place in the select list prepared by the Sub Divisional Level Selection Board, Barpeta and her appointment was in violation of the Office Memorandum No. BW/1/99/1 dated 6. 12. 99 stipulating approval of the State Level Empowered Committee (for short 'slec') as an essential pre condition therefor. The answering respondents contended that the petitioner's appointment being in total disregard of the process of law, it was non est, ab initio and therefore, she was not entitled to any salary for the services rendered by her.