MD. ABDUL AWAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. I. Uddin, learned counsel for the petitioner. Also heard Mr. J. Abedin, learned Standing Counsel, Secondary Education Department, for the respondent Nos. 1 and 2 and Mr. B. Benerjee, learned Senior counsel, assisted by Ms. C. Mozumdar, learned counsel for the respondent No. 5.

(2.) Though notice on the respondent Nos. 3 and 4 were duly served, as reflected in the office note, but they did not choose to appear in the matter. Hence, the matter proceeds ex-parte against them.

(3.) In December, 2015, an advertisement was issued by the Director of Madrassa Education, Assam, for filling up the post of Lower Division Assistant/Junior Assistant (in short, 'LDA') in Kayakuchi Kuriha Senior Madrassa in the district of Barpeta, a provincialized Senior Madrassa of the State, pursuant to which the petitioner as well as the respondent No. 5 and 132 others applied for the said post. The selection for the said post of LDA was held on 10.01.2016. The Director of Madrassa Education on 27.02.2016 published the select list for appointment of the LDA in the Madrassa in question and as per the recommendation of the School Managing Committee and on verification of the records, the name of the respondent No. 5 figured against the said post of LDA. Thereafter, the Director of Madrassa Education, by order dated 29.02.2016, appointed the said respondent No. 5 as LDA in the Madrassa in question, pursuant to which she joined her duties and is serving in the said Madrassa as its LDA.