GHANSHYAM GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Article 226 of the Constitution of India, the two petitioner have prayed for quashing the order dated 21.5.97 of the Director of Secondary Education, Assam, appointing respondent No. 6 as Head Mistress of Simoluguri High School.

(2.) The facts briefly are that the two petitioners and the respondent No. 6 are graduate teachers of the Simoluguri High School. For selection to the post of head master, the Inspector of Schools, .(i/c) S.D.C., Sibsagar, sent a circular to the Principals/ Headmaster/Headmistress of different provincialised High and Higher Secondary Schools of Sibsagar District Circle on 13th May' 92 calling for the particulars of graduate teachers who had rendered ten years of service upto 30.4,. 92.In response to the said circular dated 13th May'92, the Headmaster of Simoluguri High School in his letter dated 22nd May'92 sent the particulars of graduate teachers of the said school including those of two petitioners and the respondent No. 6. Thereafter, the Inspector of Schools in-charge, S.D.C.Sibsagar, intimated the Principals/ Headmasters of the concerned High and Higher Secondary Schools in his letter dated 9.6.92 about the dates of interview/selection to be held by the District Selection Board and in the said intimation the date of interview/ selection amongst the teachers of Simoluguri High School was mentioned as 25.6.92. Accordingly, the interview was held on 25.6.92 and on the basis of the said interview, respondent No. 6 and one Sri N N Duara were selected for appointment to the posts of Assistant Headmistress/Assistant Headmaster in the Simoluguri High School by the District Selection Board. On the basis of the said selection made in the year 1992, the respondent No. 6 was appointed by order dated 21.5.97 of the Director of Secondary Education, Assam, as Headmistress of Simoluguri High School, Sibsagar. Aggrieved by the said order dated 21.5.97, the petitioners have moved this court for appropriate relief.

(3.) At the hearing, Mr. B. K. Bhattacharyya, learned counsel for the petitioners referring to the averments in the writ petition submitted that no intimation whatsoever was sent to the two petitioners about the date of interview/ selection and as a result the petitioners did not get any opportunity to appear before the District Selection Board for interview/ selection. Mr H N Sarma, learned Additional Senior Government Advocate, Assam, appearing for the respondents 1 to 5 and Mr. R. P. Kakati, learned counsel appearing for the respondent No. 6 on the other hand, submitted that soon after receipt of the letter dated 9.6.92 from the Inspector of Schools i/ c, SDC, Sibsagar intimating the date of interview/selection for the post of Assistant Headmaster in Simoluguri High School as 25.6.92, a notice was circulated to all the six candidates including the two petitioners and the respondent No. 6 on 20.6.92 by the then Headmaster of the school and while four candidates; appeared in the interview/selection held on 25.6.92 before the District Selection Board, the two petitioners did not appear before the; Selection Board on the said date. Mr. Kakati, learned counsel for the respondent No. 6 vehemently argued that the fact that four candidates out of six candidates appeared for interview on 25.6.92 would show that all.the six candidates were duly intimated about the interview/selection on 25.6.92. He further contended that even the notification of selection would show that besides respondent No. 6, Sri N N Duara from Simoluguri High School was selected for appointment to the post of Assistant Headmaster/Asstt. Headmistress. Hence, the contention of the writ petitioners in the writ petition that only the name of respondent No. 6 was sent for selection/interview and only respondent No. 6 appeared at the said interview/selection is not at all correct.