Gauhati High Court
Kushal Talukder & 120 Ors vs The State Of Assam And Ors on 17 September, 2015
Author: T. Vaiphei
Bench: T. Vaiphei
IN THE GAUHATI HIGH COURT
(High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
WP(C)No.4475 of 2009
1. Kushal Talukdar, S/o Devchandra
Talukdar, resident of Village Kumarpara,
P.S. Barama, PO Barsimaluguri, District-
Nalbari, Assam.
2. Achyut Deka, S/o Madan Deka,
Resident of Village Subansri,PO Narayanpur.
3. Bhagi Ram Das, S/o Araabinda Das,
Resident of Village-Suradi,PO Suradi.
4. Md. Altab Hussain, S/o Ashan Ali, resident of
Village Suradi, PO Suradi.
5. Ganesh Boro, S/o Dona Ram Boro, resident of
Village Adalbari, P.O. Adalbari.
6. Sri Pankaj Kr. Rabha, S/o Upen Rabha,
Resident of Village Tatlapara, P.O. Thamna.
7. Sri Kandarpa Kalita, S/o Kampala Kalita,
Resident of Village Barjar, PO Barama.
8. Hirendra Nath Medhi, S/o Tarun Ch. Medhi,
Resident of village Dakshin Lafakuchi,
PO Dakshin Lafakuchi.
9. Ramchandra Nath, S/o Lakshewar Nath,
Resident of village Palashguri, PO Narayanpur.
10. Narayan Sarma, Son of
Resident of village Barama, PO Barama.
11.Thili Bala Baro, W/o Khagen Baro,
Resident of village Barkuchijar, PO Medaghat.
12.Sukleswar Baro, S/o Nagen Baro resident of
Village Bhmura (Suradi) P.O. Suradi.
WP(C) No. 4475/09 Page 1 of 15
13. Rajib Kumar Das, S/o Aditya Kr. Das,
Resident of village Katanipara, PO Athiabari.
14. Chandan Sarma, S/o Sarat Chandra Sarma,
Resident of village Sathikuchi, PO Kaithalkuchi.
15. Jatin Barman, S/o Pramod Barman, resident of
Village Sathikuchyi, PO Gobaradal.
16. Dwijen Barman, S/o Arun Barman, resident
Of village Gobradal. P.O. Gobradal.
17. Ramani Barman, S/o Rajat Barman, resident
Of village Sathikuchi, PO Gobaradal.
18. Nabab Ali, S/o Karshed Ali, resident of village
Binnabari, PO Binnabari.
19. Pradip Ch. Kalita, S/o Rango Rango Nath Kalita,
Resident of village Motipur, PO Motipur.
20. Khagendra Nath Barman, S/o Raneswar Barman,
Resident of village Alagjar, PO Barama.
21. Akashya Ram Haloi, S/o Melo Ram Haloi,
Resident of village Barjar, PO Barama.
22. Pranab Deka,S/o of Krishna Kanta Deka,
Resident of village Singrapara, PO Adalbari.
23. Arjun Basumatary, S/o Rup Kanta Basumatary,
Resident of village Barkuchijar, PO Medaghat.
24. Mohendra Lahkar, S/o Dhireswar Lahkar,
Resident of Pamuapathar, PO Adalbari.
25. Ramen Haloi, S/o Kanak Haloi, resident of
Village Satikuchi, PO Kaithakuchi.
26. Hiren Medhi, S/o Bhabeswar Medhi, resident of
Village Laphakuchi P.O. Thamna.
27. Runi Rani Basumatary, S/o Sarbeswar Baro,
Resident of village Nathkuchi PO. Thamna.
28. Kalpa Nath Talukdar, S/o Chandi Ram Talukdar,
Resident of village Sathikuch, PO Gobradal.
29. Tarun Ch. Barman, S/o Mahendra Barman,
Resident of village Alakjar, P.O. Barama.
30. Saneswar Pathak, S/o Krishna Kt. Pathak,
Resident of village Singrapara, PO Adalbari.
31. Majnur Ali, S/o Abdul Ali, resident of village,
Dipta, PO Suradi.
WP(C) No. 4475/09 Page 2 of 15
32. Suresh Ch. Deka, S/o Joydeb Deka, resident of
Village Tatlapara, PO Thamna.
33. Hemo Das Rabha, S/o Nakul Ch. Das Rabha,
Resident of village Tatlapara, PO. Thamna.
34. Sano Baishya, S/o Kalaram Baishyya, resident
Of Village Bunbari, PO Bunbari.
35. Satish Barman, S/o Gauri Barman, resident
Of village Bakuajari, P.O. Bakuajari.
36. Khagendra Barman, S/o Pabin Barman,
Resident of village Suradi, P.O. Suradi.
37. Ganesh Kalita, S/o Phanindra Kalita, resident of
Village Garamdew, PO Garamdew.
38. Naren Kalita, S/o Banindiram Kalita, resident of
Village Sripurdeor, PO Adalbari.
39. Prashlad Thakuria, S/o Lohit Thakuria, resident
Of village Bonbari, PO Bonbari.
40. Pranita Kalita, W/o Bipin Kalita, resident of
Village Charaimari, PO Charaimari.
41. Dilip Das, S/o Banomali Das, resident of
Village Sripurdeor, PO Adalbari.
42. Tankeswar Kalita, S/o Manohari Kalita, resident
Of village Charaimari, PO Charaimari.
43. Diganta Kalita, S/o Narendra Kalita, resident of
Village Tatlapara, PO Thamna.
44. Sanjit Sarmah, S/o Narayan Sarmah, resident
Of village Adalbari, PO. Adalbari.
45. Kanika Talukdar, W/o Mantu Kalita, resident of
Village Bunbari, PO Bunbari.
46. Chandi Charan Deka, S/o Keshab Deka, resident
Of village Bennabari, PO Bennabari.
47. Basanta Talukdar, S/o Arun Talukdar, resident
Of village Satkuchi, PO Kaithalkuchi.
48. Nripen Kalita, S/o Umesh Kalita, resident of
Village Bennabari, PO Bennabari.
49. Tamijuddin Ahmed, S/o Hashan Ali, resident of
Village of Dipta, PO Suradi.
50. Pranab Barman, S/o Maheswar Barman,
Resident of village Kharua, PO Kharua.
WP(C) No. 4475/09 Page 3 of 15
51. Surajit Medhi, S/o Tarun Ch. Medhi, resident
Of village Dakhin Lafakuchi, PO Dakhin
Laphakuchi.
52. Naren Chandra Das, S/o Dhela Ram Das,
Resident of village Naharbari, PO Charaimari.
53. Debeswar Sarma, S/o Hareswar Sarma, resident
Of village Alagjar, PO Barama.
54. Manowara Begum, D/o Mafiz Ali, resident of
Village Barama, PO Barama.
55. Padumi Talukdar, D/o Gauri Kanta Talukdar,
Resident of village Belguri Pathar, PO Barimakha.
56. Padumi Kalita, D/o Sanatan Kalita, resident of
Village Garamdew, PO Garamdew.
57. Jinara Begum, D/o Kudrat Ali, resident of
Village Kaljar, PO Barama.
58. Gopal Bharati Baro, S/o Deben Baro,
Resident of village Sripurdeor, PO Adalbari.
59. Bhanita Kalita, D/o Abhay Kalita, resident of
Village Garamdew, PO Garamdew.
60. Girin Ch. Nath, S/o Lakshi Kt. Nath, resident of
Village Palashguri, PO Narayanpur.
61. Ranjit Kalita, S/o Kalicharan Kalita, resident of
Village Sialmari, PO Sialmari.
62. Nabin Barman, S/o Rameswar Barman,
Resident of village Barbhagjari,PO Bakuajari.
63. Khagen Ramchiary, S/o Bahadur Ramchiary,
Resident of village Bamundaba, PO Medaghat.
64. Lakshmi Maya Chetri, D/o Dalbahadur Chetry,
Resident of village Singrapara, PO Adalbari.
65. Jagesh Swargiary, S/o Sarbeswar Swargiary,
Resident of village Barkuriha, PO Kharua.
66. Deben Barman, S/o Uma Barman, resident of
Village Gobradal, PO Gobradal.
67. Bakul Das, S/o Uday Das, resident of village,
Sripurdeor, PO Adalbari.
68. Mukunda Rajbangshi, S/o Khagen Rajbangshi,
Resident of village Anandapur, PO Anandapur.
69. Abhay Kalita, S/o Gauri Kalita, resident of
WP(C) No. 4475/09 Page 4 of 15
Village Barjar, P.O. Barama.
70. Tankeswar Barman, S/o Durgeswar Barman,
Resident of village Satikuchi, PO Satikuchi.
71. Ramen Talukdar, S/o Karuna Kt. Talukdar,
Resident of village Kadamtola, P.O. Barama.
72. Bhanima Kalita, W/o Naren Ch. Barman,
Resident of village Barjar, PO. Barama.
73. Punyada Das, W/o Keshab Baishya, resident of
Village Barimakha, PO Barimakha.
74. Raja Ram Bhattarai, S/o Somnath Bhattarai,
Resident of village Pub Nikashi, PO Nikashi.
75. Pabitra Baral(Bhattari) son of Kamal Bhattari,
Resident of village Chalukara, PO Nikashi.
76. Ananda Rajbangshi, S/o
Resident of village Gobradal, PO Gobradal.
77. Nripen Haloi, S/o
Resident of village Satikuchi,PO Satikuchi.
78. Uma Kanta Upadhyaya, S/o Sivanidhi
Uppaddhyaya, resident of village Nikashi
(Chaulkara), PO Nikashi.
79. Kamleswar Das, S/o Nakul Ch. Das, resident
Of village Thamna, PO Thamna,
80. Kulajit Deka, S/o Krishna Kt. Deka, resident of
Village Singrapara, PO Adalbari.
81. Sikhar Nath Baral, S/o Bhola Baral, resident of
Village Nikashi, PO Nikashi.
82. Sunil Kalita, S/o Balendra Kalita, resident of
Village Sripurdeor, P.O. Barimakha.
83. Mahimuddin Ahmed, resident of village
Murmela, PO Murmela.
84. Dhanada Deka, D/o Madan Deka, resident of
Village Subansiri, PO Narayanpur.
85. Champa Kumar, D/o Devchandra Talukdar,
Resident of village Kumarpara, PO Borsimluguri.
86. Dipak Talukdar, S/o Upen Talukdar, resident of
WP(C) No. 4475/09 Page 5 of 15
Village-3 No. Lokpala, PO Barimakha.
87. Sarat Ch. Sarma, S/o Dayal Ch. Sarma, resident
Of village Barchakadal, PO Barchakadal.
88. Dhaneswar Deka, S/o Parshuram Deka,
Resident of village Uzan Nalbari, PO Garuapara.
89. Marami Das, D/o Ramesh Das, resident of
Village Bhabanipur (B Block), P.O. Nikashi.
90. Dulumani Haloi, D/o Gopal Haloi, resident of
Village Subansiri, PO Narayanpur.
91. Nurul Islam, S/o Ashan Ali, resident of
Village Dipta, PO Suradi.
92. Manjula Swargiary, D/o Siva Ram Baro,
Resident of village Dihira No.2, PO. Dihira.
93. Bubul Thakuria, S/o Keshab Thakuria, resident
Of village Bunbari, PO Bunbari.
94. Gita Haloi, W/o Madan Haloi, resident of
Village Dahkaunia.
95. Bijay Kumar, S/o Anna Ram Kumar, resident of
Village Kumarpara, PO Barsimlaguri.
96. Suren Medhi, S/o Tarun Medhi, resident of
Village Dakhin Laphakuchi, PO Thamna.
97. Sanfur Rahman, S/o Somer Ali, resident of
Village Islampur, PO. Nalbari.
98. Himani Kalita, D/o Haren Kalita, resident of
Village Tatlapara, PO Thamna.
99. Balabhadra Medhi, S/o Uma Kt. Medhi,
Resident of village Subansri, P.O. Narayanpur.
100. Ajay Kalita, S/o Kandarpa Kalita, resident of
Village Barjar, PO Barama.
101. Niranjan Kr. Das, S/o Arabinda Das, resident
Of village Suradi, PO Suradi.
102. Nilima Begum, W/o Altab Hussain, resident of
Village Dipta, PO Suradi.
103. Sarbananda Nath, S/o Laksheswar Nath,
Resident of village Palashguri, PO. Narayanpur.
WP(C) No. 4475/09 Page 6 of 15
104. Joytish Talukdar, S/o Upen Talukdar,
Resident of village 3 No. Lopala, PO Barimakha.
105. Suruchi Deka, W/o Narayan Deka, resident of
Village Lakrapara, PO Niz Namati.
106. Girija Pathak, W/o Nareswar Pathak,
Resident of village Bhalaguri, PO Mushalpur.
107. Garga Ram Kumar, S/o Mahendra Kumar,
Resident of village Kumarpara, PO. Barsimlaguri.
108. Jonmani Ahmed, W/o Arifuddin Ahmed,
Resident of village Dipta, PO Suradi.
109. Binasri Brahma, W/o Dharani Brahma,
Resident of village Narayanpur, PO Narayanpur.
110. Anita Rabha, D/o Upendra Rabha, resident of
Village Totolpara, PO Thamna.
111. Roj Das, D/o Kamaleswar Das, resident of
Village Niz Juluki P.O. Barama.
112. Manmath Das, S/o Kulen Das, resident of
Village Subansiri, P.O. Narayanpur.
113. BalenKalita, S/o Hareswar Kalita, resident of
Village Barjar, PO Barama.
114. Gonesh Talukdar, S/o Madan Talukdar, resident
Of village Bechimari, PO Kaithalkuchi.
115. Hemanta Kalita, S/o Sarat Kalita, resident of
Village Barjar, P.O. Barama.
116. Sushila Kalita, D/o Binandi Ram Kalita,
Resident of village Sripurdeor, PO, Adalbari.
117. Debojit Sarma, D/o Jitendra Narayan Sarma,
Resident of village Adalbari, PO. Adalbari.
118. Sri Abita Baro, D/o Hareswar Baro, resident of
Village No.1 Silakuti, PO Barimakha.
119. Sri Moni Ram Kalita, S/o Dhireswar Kalita,
Resident of village Pamuapara, PO Pamuapara,
120. Sri Dibakar Swargiary, S/o Nagen Swargiary,
Resident of village Narayanpur, PO Narayanpur.
121. Sri Thanu Ram Brahma, resident of village No.2
WP(C) No. 4475/09 Page 7 of 15
Dihira, PO Nikashi.
.................Petitioners
-Vs-
1. The State of Assam represented by the
Commissioner and Secretary to the
Government of Assam, Education (Elementary)
Department, Dispur, Guwahati-6.
2. The Bodoland Territorial Council represented
By the Secretary, BTC, Kokrajhar, Assam.
3. The Director of Education, Bodoland Territorial
Council, Kokrajhar, Assam.
4. The Deputy Inspector of Schools, Nalbari, Assam.
........Respondents
BEFORE HON'BLE MR. JUSTICE T. VAIPHEI For the petitioner: Mr. DK Sarmah, Advocate For the respondents: Mr. NJ Khataniar, SC, Elemnt.
Education Deptt.
Mr. M. Khataniar, SC, BTC.
Date of Hearing: 25.8.2015
Date of Judgment: 17.9.2015
JUDGMENT AND ORDER (CAV)
This writ petition is filed by 121 school teachers challenging the order dated 24-8-2007 issued by the Secretary, Bodoland Territorial Council, Kokrajhar justifying the order dated 16-2001 of the respondent No. 2 cancelling en masse the appointment of some 4,200 teachers on the ground of illegal appointments in non-existent posts.
2. The case of the petitioners is that pursuant to the advertisement issued by the respondent authorities for filling up the vacant posts of L.P. WP(C) No. 4475/09 Page 8 of 15 School teachers, they, being eligible for the posts, applied for the same by depositing fees through Treasury Challans. They were accordingly called for the interview and were duly selected by the Sub-Divisional Education Advisory Board, Nalbari, BTC area, which were approved by the Chairman of the Sub-Divisional Education Advisory Board and countersigned by the Deputy Inspector of Schools, as Member Secretary of the Board. On the basis of the said select list, they were appointed as OBB teachers against the vacant posts sanctioned in the month of March, 2001. They duly joined their respective posts and started to discharge their duties whereafter. While they were continuing their services, the respondent No. 3 issued a common order bearing dated 16-7-2001 directing the Deputy Inspector of Schools, Nalbari to cancel all the appointments made by one Shri Girin Haloi, i/c Deputy Inspector of Schools, Nalbari with immediate effect on or before 18-7-2001. By the order dated 17-7-2001, the Dy. Inspector of School-in-Charge, Nalbari issued the consequential order cancelling all the appointment of Assistant Teacher of L.P Schools and Junior Basic Schools, Nalbari including the petitioners made by the said Girin Haloi with immediate effect. To appreciate the controversy, the relevant portion of the order dated 16-7- 2001 of the respondent No. 2 is reproduced below:
"Perused the Govt. instruction communicated vide No. A(I)E. 508/2001/85 dt. 4/7/01 directing the appointing authorities to cancel all illegal appointments made in March/2001 Perused the general instruction of Director of Elementary Education, Assam, communicated vide No. DE/Misc 1/99/14357 dt. 30/5/01 directing cancellation of appointments made in March/01 in regular vacancies arising as a result of death and retirement without following rules and procedure laid down under law and without clearance from the SIMC.
Perused the report of Magisterial enquiry caused by ADC, Nalbari and submitted by Dy. Commissioner, Nalbari vide his letter dNo. NCN/32/2001/119/dtd. 11/6/2001 on the irregularities in appointment in Nalbari District.
As per report of enquiry Sri Girin Haloi i/c DI of Schools, Nalbari appointed as many as 4510 LP teachers in Nalbari district. As per recorded statement of Sri G. Haloi (Annex-I) excepting 266 appointments, rest are and factious (?).WP(C) No. 4475/09 Page 9 of 15
Examination of records reveals that all these appointments have been made either quoting the memo govt. Sanctioning number PHA 24/96/211. dt. B/3/2001 and PMA/158/94/362 dt. 8/3/2001 PMA158/9/208 dt. 12/10/99 and PMA 158/94/342 dt. 23/12/99 or in death or retirement vacancies laid down under the law. Moreover it is seen that it will be humanly impossible to separate the genuine appointments made against actually sanctioned posts from those illegal appointments made in non-existing posts as the same govt. sanctioning letter and allotment letter have been quoted in the appointment letters.
From the above mentioned fact it is clear that about 4200 appointments have been made illegally in non-existing posts without following rules and procedures laid down under law. As Govt. cannot allow the illegally appointed teachers to continue in service and as it is humanly impossible to separate the few legally teachers from the large number of illegally appointed teachers under the circumstances state herein above, therefore, it is decided to cancel all appointments made by Sri Girin Haloi, i/c D.I. of Nalbari with immediate effect.
In view of the facts and reasons stated herein above and in pursuance of the govt. instruction communicated Vide No. A(I)E.508/2001/85 dt. /7/01 Nalbari is hereby directed to cancel all such appointments with immediate effect necessary order on or before 18/7/01 positively.
Further DI shall direct all controlling officers headmasters to release the appointees and not to allow them to attend duties henceforth, if any controlling officer allow such appointees to attend duties after receipt of the order of cancellation he/she will be personally responsible for payment of salaries to those teachers."
3. As already noticed, consequential order was issued by the Deputy Inspector of Schools-in-Charge, Nalbari by his order dated 17-7-2001 directing the District Elementary Education Officers and Headmasters of the schools to release all the appointees including the petitioners from service WP(C) No. 4475/09 Page 10 of 15 and not to allow them to attend duties henceforth and that if any DEEOs and Headmasters of the schools allowed such appointees to attend duties after receipt of such order of cancellation, he/she would be personally responsible for payment of salary to the teachers. Some teachers who were terminated along with the petitioners by the D.I. of Schools, Nalbari approached this Court in WP(C) No. 6262/2001 (Niren Sainary & ors) and this Court by the order dated 19-3-2002 disposed of the same together with some other connected cases with a direction to make an enquiry to ascertain the candidates who had been appointed after due selection and to reinstate those candidates who had been appointed pursuant to the selection. It was also directed therein that the authorities might approve the termination of the services of teachers who had been appointed without selection. Taking a cue from this order, some of the petitioners herein along with some other teachers who had been terminated also approached this Court in WP(C) No. 6946/01 and this Court by the order dated 6-9-2005 extended similar relief given in WP(C) No. 6262/2001. After the disposal of WP(C) No. 6946/01, the present petitioners who had never joined the petitioners in WP(C) No. 6946/01 filed WP(C) No. 816/2006 along with some other terminated teachers and this Court disposed of the writ petition by issuing similar directions. In compliance with the orders of this Court, the respondent No. 3 forwarded his enquiry report to the respondent No. 2 but without mentioning the official who had conducted the enquiry or without giving an opportunity of hearing to the petitioners. On receipt of the said enquiry report, the respondent No. 2 issued the impugned order 24-8-2007 justifying the termination of the services of the petitioners on the ground that the select list was found to be defective. The relevant portions of the impugned order issued by the respondent No. 2 read thus:
"In the instant case, the issue of advertisement is made by the Government of Assam and not by the District Level Officer with the approval from the Advisory Board concerned in the advertisement, the vacancies were not properly indicated.
The selection list prepared by the Advisory Board is not prepared on the basis of merit list. Instead, the selected candidates were given against the name of the schools where they are to be posted/appointed.
The proceeding of the Advisory Board does not mention the holding of the Selection Test, etc. It is seen that the meeting WP(C) No. 4475/09 Page 11 of 15 was held in the Bodoland Autonomous Council Guest House, Guwahati where the arrangement of holding Interview/Written Test, etc. could not be made.
The list of selected candidates is authenticated by the Chairman and Members of the Advisory Board only. No Departmental Officer from the Education Department has put their signatures. It is presumed that the Selection Test was conducted without the presence of the departmental officer who is the Member Secretary of even Advisory Board. The signature of member Secretary is invariably required to make the document an official one.
The observation of Hon'ble Gauhati High Court and terms of references in respect of appointment of sons and daughters of the retired teachers to the tune of 10% is not indicated in the list of selected candidates prepared by the Advisory Board. It is also noticeable that the advertisement under reference has not indicated any quota for the reservation of sons and daughters of retired teachers. Accordingly, the Advisory Board also might have considered the case of the reservation for the sons and daughters of the retired person.
Therefore, the cancellation issued by the Officer en masse against which the present Writ Petition is filed is justified as the selected list is found to be defective one as per observations above. The lists of selected candidates were never recommended/approved by the EBAC.
The Director, Education, BTC may take all necessary steps accordingly."
4. Mr. N. Khataniar, the learned standing counsel for the Education (Elementary) Department, Assam, at the outset, submits that this is a case squarely covered by the decision of this Court in the order dated 21-11-2008 of WP(C) No. 4560 of 2008 and should be dismissed at the very threshold. This contention is challenged by Mr. D.K. Sarma, the learned counsel for the petitioners, who submits that the instant case is distinguishable on facts. On perusing the order dated 21-11-2008 of this Court, I find force in the contention of the learned standing counsel for the Education (Elementary) Department, Assam. In WP(C) No. 4560 of 2008 also, the pleaded case of the petitioners was that they had been appointed in March, 2001 in different WP(C) No. 4475/09 Page 12 of 15 L.P. Schools of Nalbari district by the orders passed by the then Deputy Inspector of Schools. Following their appointments, they had worked until June/July, 2006 when they were stopped from working without, however, there being any order of termination or cessation of service. The petitioners are undoubtedly among the 4510 teachers who were appointed by the said Girin Haloi, the then Deputy Inspector of Schools, Nalbari, and who were terminated en masse under the orders of the Director of Elementary Education, Assam by the order dated 16-7-2001 and who were the petitioners in the said WP(C) No. 4560/2008. This Court had observed as follows:
"Sri Pathak, learned departmental counsel to whom an advance copy of the writ petition was furnished had appeared in the case and contested the stand taken by the petitioners that they had worked up to June/July 2006. Sri Pathak had submitted that in the month of March, 2001, 7066 posts of teachers in L.P., M.E. schools of the State were allotted to Nalbari district against which one particular Deputy Inspector of Schools i.e. Sri Girin Haloi, had made as many as 4510 numbers of appointments. Sri Pathak had further submitted that by an order passed in the year 2001 itself all such appointments were cancelled and that on an approach being made by some of the aggrieved teachers this Court had directed an enquiry to be made as to whether the genuine appointments could be segregated from the rest. Sri Pathak had further submitted such enquiry have in the meantime been completed and report thereof has been submitted to the Government stating that (sic) the facts and circumstances segregation of the good from the bad was not possible. In this regard Sri Pathak has submitted that the aforesaid facts have been recorded by the Court in a proceeding registered and numbered as WP(C) No. 3832/2006.
Faced with the aforesaid situation the Court had called for the records of WP(C) No. 3832/2006 which has been disposed of by the order dated 3-8-2006. The facts stated by Sri Pathak, learned departmental counsel, find mention in the aforesaid order of the Court where there is a reference to an affidavit of the Director of Elementary Education filed in another proceeding registered and numbered as WP(C) No. 2180/2006. The Court, therefore, called for the records of WP(C) No. 2180/2006. The said writ petition which is WP(C) No. 4475/09 Page 13 of 15 still pending raises grievance with regard to the non-completion of the enquiry ordered by the Court in the challenge to the cancellation of the appointment details of which have been noticed earlier in the said proceeding i.e. 2180/2006 there is an affidavit of the Director of Elementary Education wherein full details have been given with regard to the cancellation of the appointments made; the order passed by the Court for holding an enquiry in order to ascertain whether the genuine appointments can be identified and also the manner in which the enquiry was held and the details of the report submitted. The aforesaid affidavit, therefore, clearly discloses that all appointments of OBB teachers in Nalbari district numbering 4510 have been cancelled; the writ petitions filed against such cancellation i.e. WP(C) No. 6469/2001 and other connected cases were closed without any interference with the cancellation but with a direction to make an enquiry to determine the genuine appointments, if possible, the fact that such enquiry has been held and report has been submitted to the effect that the genuine appointments cannot be segregated or identified from the bad or illegal appointments. The above facts which stand fully established from the affidavit filed in WP(C) No. 2180/2006 would go to show that the claim of the petitioners to have been in service up to June/July 2006 is wholly incorrect. The petitioners have been terminated way back in the year 2001. That being the position there can be no question of entertaining this writ petition so as to consider as to whether the reliefs prayed for ought to be granted by the Court."
5. In my opinion, there is absolutely no reason to distinguish this writ petition from the facts obtained in WP(C) No. 4560/2008, the relevant portions of the judgment whereof have been extensively reproduced herein above. It is not that this Court has no sympathy for the petitioners, who had apparently become the victims of reckless appointments of the then Deputy Inspector of Schools), whose greed for making money went unabated during those appalling days: he was least bothered about the havoc and misery being caused by him to the educated unemployed, who were vulnerable and who could, therefore, be easily duped by him. He has succeeded in causing untold misery to the petitioners. But then, this cannot be a ground for granting the reliefs claimed by the petitioners. No relief can be granted by WP(C) No. 4475/09 Page 14 of 15 this Court unless a case of invasion of legal or constitutional right is made out by the petitioners.
6. For the reasons stated in the foregoing, there is no merit in this writ petition, which is, accordingly, dismissed. However, on the facts and in the circumstances of this case, the parties are directed to bear their respective costs.
JUDGE Upadhyay WP(C) No. 4475/09 Page 15 of 15