Anindita Barooah D/o Shri Drona Kalita v. State of Assam
2018-03-23
M.R.PATHAK
body2018
DigiLaw.ai
ORDER : MANASH RANJAN PATHAK, J. 1. On the prayer of Mr. N Dhar, learned counsel for the petitioner, the Finance Department as well as the Welfare of Plain Tribes and Backward Classes in the State represented by the Commissioner & Secretary, Govt. of Assam and Additional Chief Secretary, Govt. of Assam be impleaded as party respondent Nos. 5 and 6 and he is allowed to correct the cause title accordingly. 2. Heard Mr. N Dhar, learned counsel for the petitioner. Also heard Mr. A Deka, learned Standing counsel, Education Department for the respondent Nos. 1 to 4, Mr. B Gogoi, learned Standing counsel, Finance Department and Mr. R.B Bora, learned Government Advocate for the newly impleaded respondent Nos. 5 and 6. 3. Pursuant to the advertisement issued on 08.02.2003, the petitioner applied for the post of Post Graduate Teacher/Subject Teacher of Geography in provincialized Higher Secondary Schools in the District of Sivasagar of the State and after due selection, her name figured at serial No. 4 in the select list dated 06.04.2013 issued by the Director of Secondary Education, Assam for her appointment as Subject Teacher of Geography in Fuleswari Girls' Higher Secondary School, Sivasagar. Since the petitioner belongs to General Category and the post of Subject Teacher of Geography in said Fuleswari Girls' Higher Secondary School, Sivasagar was earmarked for the category of Schedule Tribe (Hills), the respondent authorities in the Secondary Education Department could not offer her appointment in spite of her due selection. Hence, this writ petition by the petitioner claiming for de-reservation of the vacant post of Post Graduate Teacher of Geography in said Fuleswari Girls' Higher Secondary School, Sivasagar and to provide her appointment against the said post in terms of the select list dated 06.04.2013 issued by the DSE, Assam. 4. The petitioner has also pointed out before the Court that as the advertisement dated 08.02.2003 was under the provisions of the Assam Secondary Education (Provincialisation) Service Rules, 1982 as amended during its force, candidates for such posts were not required to apply school-wise, but such applications were made district-wise, before the Inspector of Schools of the concerned District. 5.
4. The petitioner has also pointed out before the Court that as the advertisement dated 08.02.2003 was under the provisions of the Assam Secondary Education (Provincialisation) Service Rules, 1982 as amended during its force, candidates for such posts were not required to apply school-wise, but such applications were made district-wise, before the Inspector of Schools of the concerned District. 5. The petitioner during the validity of the said select list dated 06.04.2013 approached this Court on 05.08.2013 and while issuing notice to the respondents herein, this Court on 09.09.2013 issued an interim order directing the respondents in the Secondary Education Department that non-selected person should not be appointed to the vacancy of Post Graduate Teacher in Geography in said Fuleswari Girls' Higher Secondary School, Sivasagar which is still in force. 6. In spite of notice being issued on 09.09.2013, the respondents in the Secondary Education Department did not prefer to file affidavit in the matter. 7. After hearing the learned counsel for the parties and considering entire aspects of the matter, this writ petition is disposed of directing the Commissioner & Secretary, Govt. of Assam in the Secondary Education Department, respondent No. ½ as well as the Director of Secondary Education, Assam respondent No. 4 to take a decision, if necessary in consultation with respondent Nos. 5 & 6, in the matter pertaining to de-reservation of the vacant post of Post Graduate Teacher of Geography in Fuleswari Girls' Higher Secondary School, District-Sivasagar and to provide appointment order to the petitioner pursuant to her selection to the said post in terms of the select list dated 06.04.2013 issued by the DSE, Assam, considering the fact that selection of the candidates made in the select list dated 06.04.2013 was in pursuant of the advertisement dated 08.02.2003 which was on the basis of the 1982 Rules during its force and the intending candidates were asked to apply before the concerned Inspector of Schools, as reflected from the advertisement dated 08.02.2003 issued by the DSE, Assam (Annexure-1 to the writ petition) and such decision shall be taken by the respondent Nos. ½ and 4 on or before 30.06.2018 and shall intimate the petitioner in that regard. 8. Petitioner shall submit certified copies of this order before the Commissioner & Secretary, Govt.
½ and 4 on or before 30.06.2018 and shall intimate the petitioner in that regard. 8. Petitioner shall submit certified copies of this order before the Commissioner & Secretary, Govt. of Assam, Secondary Education Department as well as the Director of Secondary Education, Assam and shall obtain necessary receipt from them in that regard. 9. With the aforesaid observation and direction, this writ petition stands disposed of.