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2013 Supreme(Gau) 387

T.VAIPHEI
Mustafa Shahidul Islam and Jalaluddin Ahmed – Appellant
Versus
Md. Safar Siddique and The State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. A.M. Barbhuiya, Mr. Z. Hammad and Mr. A.M.S. Mazumder, Advocates
For Respondents/Defendant:Mr. B.S. Sinha, Addl. P.P. Assam, Mr. S.N. Tamuli, Ms. P.K. Zannat and Ms. A. Begum, Advocates

JUDGMENT

T. Vaiphei, J.

1. In this criminal petition filed under Section 482, Cr.P.C., the petitioners are seeking the intervention of this Court to quash C.R. Case No. 518 of 2012 U/s. 500/34 IPC pending against them before the learned Additional Chief Judicial Magistrate, Morigaon, Assam and the processes issued against them in connection therewith. The brief facts of the case, as pleaded by the petitioners, are that in the year 2011, the selection committee of Moirabari Senior Madrassa, Morigaon District ["Madrassa" for short] had initiated the selection process for appointment to the posts of, among others, additional teacher for Social Science and accordingly issued the advertisement dated 6-1-2011 for those posts. The Selection Committee thereafter prepared wherein one Md. Badrul Islam secured first position with the grand total marks of 193.64 while the respondent 1 secured a grand total marks of 193.08. It turned out that for various reasons, no candidate was appointed for the post. However, the authorities contemplated to initiate a fresh selection process for the said post. The respondent 1 somehow managed to know that he secured second position in the selection process and























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