MADHU BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.N. Adhyapak, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel, Elementary Education Department for the respondents.

(2.) The matter pertains to appointment to a Grade-IV post. The petitioner claims that he has been serving as a Grade-IV employee in Uday Chandra Saikia Girls' High School, Aibhetri in the district of Nagaon, Assam on honorary basis. The petitioner joined his service in the said post in the year 2005 when the said school was a Middle English School. The petitioner states that subsequently in the year 2006 a vacancy in a Grade-IV post arose and, as such, he applied for the said post. As he was second in the merit list, he was not appointed. The said school was later amalgamated with the High School and, thereafter, a vacancy arose in Grade-IV post which was duly advertised by the said High School on 9.10.2012. On the basis of the said advertisement, the petitioner along with others participated in the selection process. However, the said advertisement was challenged by one Pradip Koch in W.P.(C) No.5012/2012, because of which the recruitment process could not be concluded. In the said W.P.(C) No.5012/2012, it was directed that the District Elementary Education Officer shall examine the issues raised in the said petition and shall pass appropriate orders regarding the selection and appointment to the said Grade-IV post.

(3.) It has been stated by the learned counsel for the petitioner that even though this Court had directed the DEEO to examine the matter, the same was not done. On the other hand, the said Pradip Koch who had filed the writ petition, has in the meantime joined another school. Since the said Pradip Koch, who was mainly responsible for stalling the said recruitment process, has joined another school and, as such, he can be said to have any more grievance. It has been stated by the learned counsel for the petitioner that the said vacancy in the Grade-IV post still exists.