ABDUL HAMID MIAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. KN Choudhury, learned senior counsel assisted by Mr. RM Deka, learned counsel for the petitioner. Also heard Mr. J Abedin, learned counsel for respondent Nos.1, 2 and 3 and Mr. P Mahanta, learned counsel for respondent No.5. No one appears on behalf of respondent Nos. 4 and 6, though service of notice has been effected upon them through Dasti service.

(2.) The issue to be decided in the present case is whether the respondent No.5 could have been considered by the Selection Committee as his application was incomplete and whether the marks allotted to the respondent No.5 in the selection process for appointment to the post of Principal of Salkocha Higher Secondary School in pursuance to the advertisement dated 18.06.2016 was in conformity with the order dated 23.06.2016, issued by the Director of Secondary Education, Assam, wherein the method of allotment of marks of the candidates had been laid down. Accordingly, the selection and appointment of the respondent No.5 as Principal has been challenged.

(3.) The petitioner's counsel submits that the petitioner and the respondent No.6 participated in the selection process for appointment to the post of Principal, along with other candidates, in the interview held on 09.12.2016 in pursuance to the advertisement dated 18.06.2016. Though many grounds have been taken by the petitioner in the writ petition, but the petitioner has pressed upon only two grounds, i.e., though the candidates were to have their ACR's of the last three years considered by the Selection Committee, the selection of the respondent No.5 had been made on the basis of only one ACR.