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2013 Supreme(Gau) 301

I.A.ANSARI, P.K.MUSAHARY
Deputy Commissioner, Navodaya Vidyalaya Samiti – Appellant
Versus
Shabnam Sultana – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. K.N. Choudhury, Senior Counsel, Mr. M. Mahanta and Mrs. R. Choudhury, Advocates
For Respondents/Defendant:Mr. M. Nath and Ms. K. Baruah, Advocates

JUDGMENT

Iqbal Ahmed Ansari, J.

1. With the help of this writ petition, made under Article 226 of the Constitution of India, the petitioner, namely, Deputy Commissioner, Navodaya Vidyalaya Samity (hereinafter referred to as 'the Samity'), who was respondent No. 3 in Original Application (in short, 'OA'), No. 97/2008, has put to challenge the order, dated 09.09.2009, passed by the learned Central Administrative Tribunal, Guwahati Bench (hereinafter referred to as 'learned Tribunal'), whereby the learned Tribunal has allowed the OA and directed the respondents therein to reinstate, in service, the applicant, who is respondent herein and who is hereinafter referred to as 'applicant-respondent'. We have heard Mr. K.N. Choudhury, learned senior counsel, appearing on behalf of the petitioners, and Mr. M. Nath, learned counsel, appearing for the applicant-respondent

2. The material facts, as discernible from the impugned order, dated 09.09.2009, may, in brief, be set out as under:-

(i) Pursuant to an advertisement, published in the month of July, 2005, by the Samity inviting applications for filling up posts of Trained Graduate Teacher in various Jawahar Navodaya Vidyalaya, situated across th























































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