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1998 Supreme(Gau) 263

A.K.PATNAIK
Aziruddin Choudhury – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
D.Majumdar, T.C.Chutia, H.Rajbharbhuyan , S.A.Laskar

This is an application under Article 226 of the Constitution challenging the promotion of respondent No. 4 to the post of Vice Principal of Lala HS and MP School by order dated 27.1.96.

2. The facts briefly are that the petitioner was appointed as an intermediate teacher in Lala HS and MP School on 3.3.59 and he joined the said school as a graduate teacher on 13.9.62. The respondent No. 4, on the otherhand, joined as a graduate teacher with effect from 3.10.61. The aforesaid school was provincialised with effect from 1.10.77 .In the year 1995, a selection was held for promotion to the post of Vice Principal of the school from amongst the graduate teachers of the schools by the State Selection Board and a select list dated 20.12.94 was published. In the said select list, the order of preference for appointment to the post of Vice Principal of the school in question was given. It was however stated therein that no appointment was to be made in those schools whose any senior candidate was left out. As per the order of preference given in the select list, the name of the petitioner was shown against serial No. l and the name of the respondent No. 4 was shown against serial No. 2. Despit























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