Writ petition challenging a selection process for Junior Assistant post due to alleged favouritism. Court found the selection process cancelled during pendency and post filled by transfer, rendering the petition infructuous.
This writ petition being infructuous is closed. The interim order dated 26.02.2016 stands vacated/recalled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010009862016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1255/2016
NUR NEHAR BEGUM
W/O. JIAUL HAQUE, VILL. and P.O. CHIRAKUTI, P.S. FAKIRGANJ, DIST. DHUBRI ASSAM, PIN-783330.
VERSUS
THE STATE OF ASSAM AND 10 ORS
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, EDUCATION SECONDARY, DEPTT., DISPUR, GHY.-06.
2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GHY.-19.
3:THE DY. COMMISSIONER DHUBRI P.O. and DIST. DHUBRI ASSAM PIN-783301.
4:THE INSPECTOR OF SCHOOLS GDC DHUBRI P.O. and DIST. DHUBRI ASSAM PIN-783301.
5:THE SELECTION COMMITTEE CHIRAKUTI HIGHER SECONDARY SCHOOL REP. BY IT'S PRESIDENT NAMELY AMIR ALI KHAN S/O. LT. HAJI FORMAN ALI KHAN VILL. and P.O. CHIRAKUTI DIST. DHUBRI
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ASSAM PIN-783330.
6:THE PRINCIPAL CUM MEMBER SECY. OF SELECTION COMMITTEE CHIRAKUTI HIGHER SECONDARY SCHOOL VILL. and P.O. CHIRAKUTI DIST. DHUBRI ASSAM PIN-783330. 7:MUSTAFA ABDUL MOTIN MIAH S/O. ABDUL JALIL MIAH VILL. and P.O. CHIRAKUTI P.S. FAKIRGANJ DIST. DHUBRI ASSAM PIN-783330.
8:MONOWAR HUSSAIN S/O. LT. KAMAL HUSSAIN VILL. MANASHPARA P.O. and P.S. LAKHIPUR DIST. GOALPARA ASSAM PIN-783129.
9:MOKADDESH ALI S/O. LT. SHOMEZ UDDIN VILL. CHATAPARA P.O. CHIRAKUTI P.S. FAKIRGANJ DIST. DHUBRI ASSAM PIN-783330.
10:IKBAL HUSSAIN S/O. ATOWAR RAHMAN VILL. CHARALJHAR P.O. KHALISABHITA P.S. LAKHIUPUR DIST. GOALPARA ASAM PIN-783330.
11:HAFIZUR RAHMAN S/O. ATOWAR RAHMAN VILL. CHARALJHAR P.O. KHALISABHITA
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P.S. LAKHIPUR DIST. GOALPARA ASSAM PIN-783330
Advocate for the Petitioner : MR.A HUSSAIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
04-02-2021
Heard Mr. A. F. N. U. Mollah, learned counsel for the petitioner and Mr. SMT Chistie, learned Standing counsel, Secondary Education Department for the respondent Nos. 1 to 4.
Matter pertains to selection to the post of Junior Assistant (LDA) at Chirakuti Higher Secondary School under the Inspector of Schools, Dhubri District Circle, Dhubri, a provincialised Secondary School of the State.
The petitioner challenged the said selection process stating that the said selection process was not proper and was illegal wherein there are elements of favouritism submitting that the respondent No.5 who was selected in the written examination was the son of the Principal of the said Higher Secondary School, respondent No.6, who is also the Member Secretary of the School Selection Committee with regard to the said post.
This Court by order dated 26.02.2016 stayed the appointment to the post of Junior Assistant (LDA) in said Chirakuti Higher Secondary School as advertised.
In terms of the order dated 28.03.2018 and 19.01.2021, Mr. SMT Chistie, learned Standing counsel, Secondary Education Department has placed the relevant instruction before the Court.
From the instruction placed, it is seen that during pendency of this writ petition, because of the selection to the post of Junior Assistant (LDA) in said Chirakuti Higher Secondary School was in violation of the relevant rules that was in force, the same was
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cancelled and pursuant to the order of the Director of Secondary Education Assam dated 26.09.2019 one Jorjina Begum, LDA of Merarchar High School, District-Bongaigaon was transferred and posted in the vacant post of Junior Assistant in said Chirakuti Higher Secondary School, District- Dhubri on her own request in her own Grade and Pay Scale, in the vacant post which was earlier advertised.
Accordingly, said Jorjina Begum joined the Chirakuti Higher Secondary School, DistrictDhubri on 17.10.2019 as its Junior Assistant.
Since the process of selection to the post of Junior Assistant in said Chirakuti Higher Secondary School, District- Dhubri involved in this writ petition was already cancelled and in the said vacant post another Junior Assistant (LDA) has been posted transferring the incumbent from Bongaigaon district, nothing survives in this writ petition to be adjudicated by the Court.
Accordingly, this writ petition being infructuous stands closed.
The interim order passed earlier on 26.02.2016 stands vacated/recalled.
Copy of the order of the Director of Secondary Education, Assam dated 26.09.2019, copy of the release order of said Jorjina Begum issued by the authorities of Merarchar High School, Bongaigaon District dated 16.10.2019 and joining report of said Jorjina Begum in Chirakuti Higher Secondary School, District- Dhubri dated 17.10.2019 be kept as part of the record.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ petition challenging the selection process remains maintainable given the cancellation of the process and re-filling of the post.
Whether the selection process involved elements of favouritism warranting intervention by the Court.
Nur Nehar Begum
State of Assam
Commissioner and Secy. to the Govt. of Assam, Education Secondary
Director Secondary Education Assam
Dy. Commissioner Dhubri
Inspector of Schools GDC Dhubri
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
