SUSHEN CHANDRA DAS Vs. PRAFULL KUMAR DAS

JUDGEMENT

(1.) THE challenge in this appeal is against an order dated 11.8.2009 passed by a learned Single Judge of this Court in two separate proceedings registered and numbered as WP(C) Nos. 1130/09 and 2058/ 09. By the aforesaid order, the learned Single Judge has interfered with two orders dated 2.3.2009 and 29.4.2009 by which the appellant, who had been impleaded as respondent No. 6 in the writ petitions, was allowed to hold the charge of the post of Principal of Mayong Higher Secondary School on the basis of his seniority.

(2.) ORDINARILY and in the normal course, challenges against appointments made on in -charge basis are reluctantly entertained by the court. However, in the State of Assam such arrangements normally continue for periods longer than initially expected. The relevant provisions of the statute under which regular appointments are required to be made are presently under challenge in other writ petitions filed before this Court wherein interim orders have been passed, as a result of which, regular appointments in the post of Principal cannot be made. This is the primary reason why the writ petition as well as this appeal had to be heard at considerable length.

(3.) WE have heard Sri B.D. Das, learned Counsel appearing on behalf of the appellant; Sri M.R. Pathak, learned departmental counsel and Sri R. Baruah, learned Counsel for the respondent No. 1.