CHANDAN CH. KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Sailen Kumar Barkaktaki learned counsel for the petitioner and Mr. Jainul Abedin, learned Standing Counsel, Secondary Education, Assam for the respondent Nos. 1 to 4 Also heard Mr. Rajeswar Sarma, learned counsel for the respondent No. 5 and Mr. Bhaskar Dev Konwar, learned senior counsel, assisted by Mr. Rajeeb Kalita, learned counsel for the respondent No. 6.

(2.) The contention of the petitioner herein is that on 04.03.1998 the Headmaster of Bamundi High School of erstwhile Kamrup District, a provincialised High School of the State, issued an advertisement inviting applications from intending eligible candidates for the post of Lower Division Assistant (LDA, in short) in that school. Being eligible, the petitioner offered his candidature and participated in the selection process for the said post for which selection was held on 24.08.1998 and 25.04.1998. It is stated that inspite of holding of the selection, the select list for the said post was not published and the petitioner reliably learnt that he secured first position in the said selection, followed by one Sri Jayanta Pathak and then by another Sri Rajmohan Kalita. Instead of giving him appointment, the Inspector of Schools of erstwhile Kamrup District Circle, Guwahati by his order dated 19.03.1999 appointed one Sri Subodh Kalita (respondent No. 5 in the present case) in the advertised post of LDA in the said school. Being aggrieved, the petitioner preferred a writ petition being WP(C) No. 1766/1999 praying to set aside and quash the said order of appointment of the respondent No. 5 dated 19.03.1999 to the post of LDA in the said High School issued by the Inspector of Schools of Kamrup District Circle and to consider his case to the said post of LDA in Bamundi High School, stating that though the name of said Sri Subodh Kalita did not figure amongst the first three selected candidates, the official respondents committed illegality in appointing him as LDA in the said High School to the post that was advertised on 04.03.1998.

(3.) In the said WP(C) No. 1766/1999, inspite of directions of the Court, the State respondents did not produce the records of said selection before the Court. During pendency of the said writ petition, the respondent No. 5, Sri Subodh Kalita, was up-graded as a teacher in the said high school from the post of LDA as per the order of the Inspector of Schools, Kamrup District Circle under Memo No. E-1/228/ Pt/2001/248 dated 08.03.2001. It is stated that because of such up-gradation of said Sri Subodh Kalita, the post of LDA in the said high school again fell vacant.