KALPANA DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Chanda, learned counsel for the petitioner. Also heard Mr. P.J. Saikia, learned counsel for the respondent Nos. 4 and 5 as well as Mr. H. Barua, learned counsel for the respondent No.6 and Mr. N. Sarma, learned standing counsel for the Secondary Education Department.

(2.) An advertisement was issued by the Secretary of Sabitri Bharali High School inviting applications for one post of Assistant Teacher having the qualification of BSC Royal, one post for BSC (Bio) and one post having the qualification of BA. Both the petitioner and the respondent No.6 had participated in the said selection process. The petitioner as well as the respondent No.6 were issued call letters by the authorities by referring their application to be an application for the post of science teacher and both the call letters were of the same date.

(3.) By an order dated 25.07.1994 both the petitioner as well as the respondent No.6 were appointed. Although the order of appointment indicates that the petitioner is appointed as a science teacher and the respondent No.6 is appointed as an Assistant Teacher, but both of them having been appointed pursuant to the same advertisement and against the two available post of science teacher one being BSC (Royal) and the other BSC(Bio), it has to be construed that the appointment of the petitioner was also as a science teacher. Consequently, both the petitioner as well as the respondent No.6 have the same date of appointment as well as the date of joining.