Petitioner challenged her non-appointment to a Post Graduate Teacher of Botany post, alleging that a selection list showed the post as unreserved despite her being selected earlier in a reserved category, but she could not rely on her previously set-aside selection.
None. The writ petition is rejected.
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GAHC010134882013
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2994/2013
MRS. NIBEDITA BASUMATARY W/O SRI RAKESH BRAHMA, WARD NO.3, R/O KALAHBHANGA, P.O. and P.S. BARPETA ROAD, DIST- BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GHY6, ASSAM
2:THE DIRECTOR OF SECONDARY EDUCATION
3:THE PRINCIPAL BHABANIPUR H.S. SCHOOL
4:THE INSPECTOR OF SCHOOLS
5:PARI RANI DA
Advocate for the Petitioner : MRJ P CHOUHAN
Advocate for the Respondent : MR.B K BHAGAWATI
ORDER
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Date : 03-01-2018
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
Heard Mr. K Baruah, learned counsel for the petitioner. Also heard Mr. A Deka, learned Standing counsel, Education Department for the respondent Nos. 1, 2 and 4 and Mr. B K Bhagawati, learned counsel for the respondent No. 5.
The petitioner herein being eligible applied for the post of Post Graduate Teacher (Subject Teacher) of Botany pursuant to an advertisement dated 08.02.2003 issued by the Director of Secondary Education, Assam and in the said selection, the petitioner’s name figured as the selected candidate for the post of Post Graduate Teacher of Botany at Bhawanipur Higher Secondary School, Barpeta against the reserved post of Schedule Tribe as per the Select List dated 27.02.2006. However, as the selection for the post of Subject Teacher/Post Graduate Teacher that advertised on 08.02.2003 was conducted in terms of the Assam Secondary Education (Provincialization) Service Rules, 2003 that came into force w.e.f. 12.08.2003, this Court set aside the said selection process with regard to such Select List dated 27.02.2006 and accordingly, a fresh selection was initiated in terms of the Assam Secondary Education (Provincialization) Service Rules, 1982 as amended that was in force prior to the said 2003 Rules came into force on 12.08.2003. Accordingly, the petitioner appeared before the concerned selection board on 26.04.2010 pursuant to the advertisement made earlier on 08.02.2003.
This time, the select list was published on 06.04.2013 and in the said select list, the name of the respondent No. 5 figured against the post of Post Graduate Teacher of Botany in said Bhawanipur Higher Secondary School, Barpeta. In the select list dated 06.04.2013, the post of Post Graduate Teacher of Botany in said Bhawanipur Higher Secondary School, Barpeta was shown under unreserved category though in the previous select list dated 27.02.2006, the said post of Post Graduate Teacher of Botany in said Bhawanipur Higher Secondary School, Barpeta was reflected as reserved for Schedule Tribe, in which the petitioner was selected. Being aggrieved with such selection specifying the post of Post Graduate Teacher of Botany in said Bhawanipur Higher Secondary School, Barpeta as an unreserved post, the petitioner has preferred this petition praying for setting aside the select list dated 06.04.2013 and for a direction to the respondents herein to appoint the petitioner in the post of Subject Teacher/Post Graduate Teacher of Botany in said Bhawanipur Higher Secondary School,
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Barpeta. The petitioner has also brought to the notice of this Court that said Select List dated 06.04.2013 also reflects that the respondent No. 5, who belongs to the Other Backward Community, was also selected for the post of Post Graduate Teacher of Botany at P.B. Dhirudutta Higher Secondary School, Nalbari against an unreserved post.
Mr. Bhagawati, learned counsel for the respondent No. 5 by filing an affidavit submitted that the respondent No. 5 has already joined the said P.B. Dhirudutta Higher Secondary School, Nalbari pursuant to her selection dated 06.04.2013 and she is not interested to join at Bhawanipur Higher Secondary School, Barpeta, pursuant to her said selection.
The petitioner, on being enquired, submitted that the post of Subject Teacher of Botany in said Bhawanipur Higher Secondary School, Barpeta is still lying vacant. The petitioner’s entire claim is on the basis of her selection made on 27.02.2006 in terms of the advertisement dated 08.02.2003 for the post of Post Graduate Teacher in said Bhawanipur Higher Secondary School, Barpeta against the reserved post of Schedule Tribe. But as the said selection made on 27.02.2006 has already been set aside by this Court and which is not under challenge by the petitioner, she now cannot claim for the post of Post Graduate Teacher of Botany in Bhawanipur Higher Secondary School, Barpeta under the category of reserved post of Schedule Tribe (Plains).
It is also reflected from the Annexure-F appended to the writ petition by the petitioner that her merit position was at serial No. 5 in said Bhawanipur Higher Secondary School, Barpeta for the post of Post Graduate Teacher of Botany after the fresh selection for the said post that was held on 26.04.2010 and the respondent No. 5, who belongs to the Other Backward Community stood 1st in the said selection on the basis of her merit.
Considering the same and for the reasons stated above, this writ petition being devoid of any merit stands rejected.
The interim observation made earlier on 30.05.2013 in this proceeding stands vacated.
Sd/- JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner can claim appointment to a reserved post when her original selection was set aside?
Whether the petitioner can claim appointment to a post shown as unreserved when she originally selected a reserved category?
What relief can the petitioner claim when her appointment claim depends on a set-aside selection?
Mrs. Nibedita Basumatary W/o Sri Rakesh Brahma
The State of Assam
Commissioner and Secretary to the Govt. of Assam, Education Department
Director of Secondary Education
Principal Bhabanipur H.S. School
Inspector of Schools
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
