SAFIQUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) THESE two appeals have been preferred against a common judgment and order passed by the learned Single Judge in WP (C) No. 641 of 2008 (Hazarat Husnuzzaman and Ors. Vs. State of Assam and Ors.) and WP (C) No. 3909 of 2008 (Md. Shahjahan Ali Vs. State of Assam and Ors.), whereby the learned Single Judge quashed and set aside the appointment order of the appellant and directed the respondent College Authority to advertise the post of Lecturer in Arabic and to make appointment therein by following the necessary Rules and the UGC Guidelines holding the field for appointment to the post of lecturer in a deficit college.

(2.) BOTH the writ appeals carry common questions of law structured on almost identical factual premises. Therefore, these appeals have been taken up together for analogous hearing and disposal.

(3.) AT this stage, Writ Petition (C) No. 641 of 2008 (corresponding to Writ Appeal No. 35 of 2009) was instituted by the two petitioners therein contending that the vacancy in the sanctioned post in the Arabic Department that had occurred due to superannuation of the concerned incumbent should be advertised. The aforesaid two petitioners, it may be noticed, were not candidates in the selection held for filing up the non-sanctioned post in which post the petitioner was appointed on 3. 2. 2004.