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2022 Supreme(Gau) 628

SANJAY KUMAR MEDHI
Sanjit Chakraborty S/o-Lt Ranjit Chakraborty – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri S.P. Choudhury, Advocate.
For the Respondents:Shri Kaushik, Ms. R.B. Bora, Ms. S.G. Baruah, Advocate.

JUDGMENT :

1. Heard Shri S.P. Choudhury, learned counsel for the petitioners. Also heard Shri Kaushik, learned counsel for the respondent nos. 1 & 2, Ms. R.B. Bora, learned Standing Counsel, BTC for respondent nos. 3, 4 & 5 and Ms. S.G. Baruah, learned counsel for respondent no. 6.

2. Considering the subject matter in dispute and also the fact that the writ petition is of the year 2019 where pleadings have been exchanged, the same is taken up for disposal at the admission stage.

3. Five numbers of petitioners have joined together in challenging the appointment of the respondent no. 6 to the post of Headmaster of the Bijni Sishu Kalyan High School in the district of Chirang.

4. It is the case of the petitioners that they are all senior to the respondent no. 6 and are working as Assistant Teacher in the said School. However, by ignoring their seniority and in violation of the Rules governing the field namely the Assam Secondary Education (Provincialistion) Service Rules, 2003, (herein after Rules) the respondent no. 6 has been favoured with the promotion. It is the said order of promotion dated 05.03.2019 which is the subject matter of challenge in the present petition.

5. Shri Choudhury,

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