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2016 DIGILAW 388 (GAU)

Ratan Kumar Ghosh & 3 Ors. v. State of Assam & 11 Ors.

2016-05-06

AJIT SINGH, SUMAN SHYAM

body2016
Ajit Singh; CJ.:-- 1. This intra-court appeal is directed against the interlocutory order dated 19.4.2016 passed by the learned Single Judge of this High Court in I.A. No. 1019 of 2016 whereby he has vacated the stay order dated 25.1.2016 on an application filed by Respondents No. 5 to 8. 2. Respondents No. 1 to 4 have initiated process for filling up the vacancies of Principal in Polytechnics and other equivalent posts. The appellants dissatisfied with the qualification of Ph.D fixed for promotion to the post of Principal in Polytechnics has filed W.P.(C) No. 348 of 2016, which is pending. The learned Single Judge while issuing notice of the petition to the respondents vide order dated 25.1.2016 directed respondents not to appoint anyone as regular Principal in Polytechnics of the State. Aggrieved, Respondents No. 5 to 8 filed I.A. No. 1019 of 2016 for vacating of the stay order. The learned Single Judge after hearing the respective counsel for the parties by a detailed order has vacated the order dated 25.1.2016 with a direction that any appointment made on the posts of Principal in Polytechnics, shall be subject to the final outcome of the writ petition. The learned Single Judge has also fixed the final hearing of writ petition on 24.5.2016. 3. According to learned counsel for the appellants, the learned Single Judge committed an illegality in vacating the stay order dated 25.1.2016. But, we are unable to agree with him. The learned Single Judge, as already stated above, has directed the appointments made on the posts of Principal in Polytechnic shall be subject to the outcome of the appellants’ writ petition. Therefore, the claim of appellants for the posts of Principal has been protected in the event of their petition being allowed. 4. We find no merit in the appeal. It is, accordingly, dismissed.