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nasimwazid (Lecturer)     15 September 2010

Possibilities and options

 

The case relates to a candidate who sought a job of lecturer in a college. The candidate possessed the requisite qualification and the selection committee recommended her as the first nominee, but the Governing body with people having vested interest changed the panel and decided to appoint someone else. Later on intervention by the Director of Higher Education, Assam who is the approving authority rejected the plea put up by the Governing body and approved the appointment of the candidate selected and recommended by the Selection Committee. So there arose a conflict of interest between the governing body\'s nominee and the selection committee\'s nominee. Ultimately the governing body\'s nominee filed a writ petition in the Guwahati High Court while the other candidate whose appointment was approved joined the college. She has so far completed 8 years of service and the case is still pending. Meanwhile the writ petitioner who approached the High Court and staked her claim for the post on the basis of fraudulently obtained certificate came to light. So out of shame she never went to the court to fight out her case and there is a reasonable likelihood that she will never approach the Court for justice. So can the candidate who is still working in the college for the last 8 years having NET and Ph D press the Court for dismissal of the case because the pending case operates as a barrier to her promotion. The writ petitioner has challenged the validity of the caste certificate of the respondent on the ground that the respondent is not entitled to claim SC status by reason of her marriage to a person belonging to SC community when the respondent maintains that the certificate issued to her by a duly constituted public authority was issued to her by the then President of the Board without being aware of the fact that there was no rule which prohibits issue of a caste certificate to a lady married to a SC. This is precisely the facts in issue. Interestingly, the case was not listed for hearing for the last 8 years and none of the parties approached the Court for fixing a date for hearing.


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 1 Replies

Isaac Gabriel (Advocate)     15 September 2010

If at all no injection issued for your appointment, the management could grant  service benefits ie. increments, regularisation and promotion to you.  You can file writ petition tor the regularisation of your services.


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