(1.) Heard Mr. P.K. Goswami, learned Senior Counsel assisted by Ms. B. Choudhury, learned counsel for the petitioner. Also heard Mr. J. Abedin, learned Standing Counsel, Secondary Education Department.
(2.) In this petition the petitioner has sought for a direction to the respondent authorities to appoint her to the post of Post Graduate Subject Teacher (English) in Dhing K.B. Higher Secondary School, Nagaon in terms of the final merit list prepared by the authorities in respect of the said school in which the name of the petitioner was placed at serial no.2. The person who had been selected for appointment to the said post, namely, Dimple Talukdar being at serial no.1 of the merit list, joined another school on being selected for the said school also.
(3.) The case of the petitioner is that since Dimple Talukdar, who had been also recommended for appointment to the said post in Dhing K.B. Higher Secondary School, had been appointed in another school, namely, P.B. Dhirudatta Higher Secondary School, Nalbari, the appointment of the petitioner in Dhing K.B. Higher Secondary School may be considered. The plea of the petitioner for appointment is based on the fact that she being eligible had taken part in the recruitment process of Subject Teacher (English) in terms of the advertisement dated 08.02.2003, for recruitment to various school specific posts. The petitioner by virtue of her merit and performance in the selection process was placed in the second position in the final merit list prepared by the authorities for Dhing K.B. Higher Secondary School. The said Dimple Talukdar was placed in the first position in the merit list for the said school. As far as these facts are concerned, there is no dispute from the authorities.