Dismissed

Nayan Jyoti Goswami v. the State of Assam and 4 Ors.

Gauhati HC13 Feb 2018WP(C)/3089/2013

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a writ petition seeking up-gradation of a non-teaching employee to the post of Subject Teacher in a provincialised Higher Secondary School, holding that statutory rules did not authorize such promotion.

What did the court decide?

Writ petition dismissed as there is no statutory provision for up-gradation of non-teaching employees to teaching posts.

Nayan Jyoti Goswami Vs the State of Assam and… — Labour and Industrial Disputes | Gauhati HC (2018)

¶1

Page No.# 1/3

¶2

GAHC010007382013

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C) 3089/2013

¶5

1:NAYAN JYOTI GOSWAMI

¶6

S/O LATE BISHNU SUBHAN GOSWAMI, VILL. and P.O. HARIAMUKH, DISTNAGAON, ASSAM

¶7

VERSUS

¶8

1:THE STATE OF ASSAM AND 4 ORS

¶9

THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT SEC, DISPUR, GHY-06

¶10

2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19

¶11

3:THE INSPECTOR OF SCHOOLS N.D.C. NAGAON P.O. and DIST- NAGAON ASSAM

¶12

4:THE PRINCIPAL RAHA HIGHER SECONDARY SCHOOL RAHA P.O. RAHA DIST- NAGAON ASSAM PIN-782103

¶13

5:THE SCHOOL MANAGING COMMITTEE OF RAHA HIGHER SECONDARY SCHOOL RAHA REPRESENTED BY ITS SECRETARY P.O. RAHA DIST- NAGAON

¶14

Page No.# 2/3

¶15

ASSAM PIN-78210

¶16

Advocate for the Petitioner : MR.H A AHMED

¶17

Advocate for the Respondent : SC, EDU

¶18

BEFORE

¶19

HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

¶20

ORDER

¶21

Date : 13-02-2018

¶22

Heard Mr. R. Ali, learned counsel for the petitioner and also heard Mr. A. Deka, learned Standing counsel, Education Department for the respondents.

¶23

Matter relates to up-gradation of service of non teaching employee having requisite qualification to the post of Subject Teacher in provincialised Higher Secondary Schools in the State. The appointment of teaching staff in provincialised Higher Secondary School are guided by the Assam Secondary Education (Provincialisation of Services) Rule 2003 as amended in 2012, a Statutory Rule under Article 309 of the Constitution that regulates the recruitment and conditions of services of persons appointed to the Assam Secondary Education (Provincialisation of Services).

¶24

Prior to coming of the said 2003 Rules on 12.08.2003, the Assam Secondary Education (Provincialisation of Services) 1982, another statutory Ruled under Article 309 of the Constitution of India that regulated the recruitment and conditions of services in High and Higher Secondary Schools under the Assam Secondary Education (Provincialisation of Services) Act, 1977 was in force up to 11^th August, 2003.

¶25

The said statutory service Rules does not provide for up-gradation of any such incumbent serving as a non teaching staff in such provincialised High/Higher Secondary Schools to the post of Graduate Teacher and/or to the post of Post Graduate teacher/Subject Teacher and excepting the mode of direct recruitment through proper advertisement and selection under the said 2003 Rules which is now in force, does not provide for any other mode in that regard.

¶26

Page No.# 3/3

¶27

Since the relevant Statutory Service Rules do not provide for any such up-gradation of LDA/Junior Assistant/UDA/Grade IV having requisite qualification to the post of Graduate Teacher and Subject Teacher in such provincialised Higher Secondary Schools of the States, the prayer of the petitioner cannot be considered and accordingly, this writ petition, having no merit, stands dismissed.

¶28

JUDGE

¶29

Comparing Assistant

Nayan Jyoti Goswami v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Nayan Jyoti Goswami v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smti Asia Begum Laskar Vs the State of Assam and 6 Ors.

Santanu Kumar Dutta and 2 Ors. Vs the State of Assam

Prafulla Kr. Nath and Anr. Vs the State of Assam

Abdur Rafique Vs the State of Assam and 3 Ors.

Rita Devi Vs the State of Assam and 4 Ors.

Smti Urmila Saikia Baishya Vs the State of Assam and 6 Ors.