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SANJAY KUMAR MEDHI
Madhuri Borthakur – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The extra-ordinary jurisdiction of this Court conferred by Article 226 of the Constitution of India is being sought to be invoked by means of this writ petition whereby the petitioner has put to challenge the selection and appointment dated 02.05.2017 of the respondent no. 6 as Principal of the Mallow Ali HS School in the district of Jorhat.
2. There is a chequered history in this case and to understand the issue involved, it would be convenient if the background facts are noted in brief.
3. The petitioner is an Assistant Teacher in the Malowali HS School in the district of Jorhat (hereinafter called the school). In the year 2011, when the post of the Principal of the School had fallen vacant, the petitioner was given the charge of the Principal vide an order dated 29.07.2011. However, it is the case of the petitioner that after 43 days, vide an order dated 08.09.2011, she was replaced by the respondent no. 5. The said action was based on a Government Notification dated 29.03.2011 whereby Subject Teachers were to be given priority over Assistant
The selection process for the Principal position must strictly adhere to the guidelines established in the Office Memorandum, ensuring fair evaluation of candidates' qualifications.
The doctrine of constructive res judicata bars parties from raising issues in subsequent litigation that could have been raised in earlier proceedings. While courts must uphold this principle to ensu....
An order passed without assigning any reason is bad in law and cannot be sustained.
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