Allowed

Neelakshi Lahon v. Mrs. Madhu Nath Dastidar and 5 Ors.

Gauhati HC6 Mar 2019I.A.(Civil)/597/2019

Case brief

AI extract

What is this about?

The Gauhati High Court vacationed an interim order that had stayed the selection of a school principal. The stay was originally granted due to a challenge regarding the composition of the selection committee under the Assam Secondary Education Rules. The court held that it was unjustified to leave the school without a principal and allowed the selection process to continue pending the outcome of t

What did the court decide?

The interim order dated 03.12.2018 was vacated; respondent authorities permitted to proceed with selection and appointment of the Principal subject to the outcome of the writ petition.

Neelakshi Lahon Vs Mrs. Madhu Nath Dastidar and 5… — Education and Admissions | Gauhati HC (2019)

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GAHC010031462019

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

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Case No. : I.A.(Civil) 597/2019 In WP(C) No. 8325/2018

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NEELAKSHI LAHON

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SUBJECT TEACHER, SABOTI WELFARE MULTIPURPOSE HIGHER SECONDARY SCHOOL, NORTH LAKHIMPUR, ASSAM

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VERSUS

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1:MRS. MADHU NATH DASTIDAR AND 5 ORS.

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W/O SRI PURNANANDA DASTIDAR, RESIDENT OF VILLAGE- SONARI, P.O. CHABOTI, P.S. NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM. PIN787051

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2:THE STATE OF ASSAM

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SECONDARY EDUCATION DISPUR GUWAHATI- 6.

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3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

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4:INSPECTOR OF SCHOOLS LAKHIMPUR DISTRICT CIRCLE NORTH LAKHIMPUR DISTRICT- LAKHIMPUR PIN- 787001.

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5:THE SCHOOL SELECTION COMMITTEE

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REPRESENTED BY THE CHAIRMAN CUM PRESIDENT OF THE SCHOOL

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MANAGING AND DEVELOPMENT COMMITTEE SABOTI WELFARE MULTIPURPOSE HIGHER SECONDARY SCHOOL CHABOTI NORTH LAKHIMPUR P.O.- CHABOTI P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN- 787051.

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6:ANUMA SAIKIA EX-PRINCIPAL CUM MEMBER SECRETARY OF SCHOOL SELECTION COMMITTEE SABOTI WELFARE MULTIPURPOSE HIGHER SECONDARY SCHOOL C/O- NAWAZ AHMED BORBORAH WARD NO. 1 NAKASI P.O. AND P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSAM. PIN- 787001

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Advocate for the Petitioner : MR. S K DAS

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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06.03.2019

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Heard Mr. S. K. Das, learned counsel for the applicant and Mr. U. K. Das, learned counsel for OP No. 1. Also heard Mr. N. Sarma and Mr. S. P. Bhattacharjee, learned Standing Counsel, Secondary Education Department, Government of Assam.

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This application has been filed for vacation of the interim order dated 03.12.2018 passed in WP(C) No. 8325/2018.

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WP(C) No. 8325/2018 has been filed by OP No.1 as the writ petitioner assailing the selection process for the post of Principal of Saboti Welfare Multipurpose Higher Secondary School (School) in the district of Lakhimpur. This Court by order dated 03.12.2018 had issued

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notice and passed an interim order to the effect that no further process should be undertaken in the selection of Principal of the School.

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Relevant portion of the order dated 03.12.2018 is extracted hereunder:-

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“ The petitioner assails the selection undertaken by the authorities in the Saboti Welfare Multipurpose Higher Secondary School for the post of Principal on the ground that the selection committee constituted for the purpose is not in conformity with the provision of Rule 8(4) of the Assam Secondary Education Provincialisation Service Rules 2003 inasmuch as a member of the selection committee who was nominated under the category of parent/guardian of students is infact neither a parent nor a guardian of any of the student of the school.

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In view of the prima facie case being made out, considering the balance of convenience and the irreparable loss that the petitioner may suffer, in the interim, it is directed that no further process shall be undertaken in the selection of the Principal of Saboti Welfare Multipurpose Higher Secondary School.

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Mr. S.P. Bhattacharjee, learned standing counsel prays for some time to obtain instruction as to under what circumstance, the managing committee was constituted at a variance from the provisions of the rules.

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On the next date fixed, Mr. S.P. Bhattacharjee, learned counsel shall obtain instruction as to whether the parent/guardian member of the selection committee is in fact a parent or a guardian of any of the student of the school. Depending on the information to be provided, further continuance of the interim order shall be considered. Copy of the order be provided to Mr. S.P. Bhattacharjee, learned counsel.”

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From a perusal of the interim order dated 03.12.2018, it is seen that this Court had passed the same prima facie being satisfied on the contention raised by OP No. 1 that the parent/guardian member in the School Selection Committee was not a parent/guardian.

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As would be evident from the above, matter relates to selection for the post of Principal of Higher Secondary School. This is governed by the provisions of Assam Secondary Education (Provincialised) Service Rules, 2003 .

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Procedure for selection is laid down in Rule 13; as per Rule 13(2) School Selection Committee is required to hold interview and prepare a panel of three candidates on the basis of qualities, such as, leadership skills, administrative ability, integrity and commanding personality.

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School Selection Committee is constituted under Rule 8(4) as per which President of the Managing Committee shall be the Chairman and Principal of the School shall be the Member Secretary. That apart, Vice Principal/a Post Graduate teacher shall be one of the member. One parent to be nominated by the Managing Committee shall be the other member.

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In paragraph 4 of the interlocutory application, it is stated that Sri Phuleswar Borah was nominated as the parent member in the School Selection Committee. He was the guardian of a student of the School Smt. Pallabi Borah who recently passed out from the School, being her uncle. It is stated that father of Pallabi had expired and thereafter being the brother of her father, he looked after her as her guardian.

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In the hearing, Mr. Sarma has produced before the Court an application form submitted by Smt. Pallabi Borah while seeking admission into Class-XI of the School for the year 2016-17. In this application she mentioned that her father was late Rohiteswar Borah and her guardian was Sri Phuleswar Borah.

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While grievance raised by OP No. 1 in the related writ petition will certainly be looked into by the Court at the time of hearing of the writ petition, the question is whether the School in question or for that matter an educational institution should be left without a regular Principal till adjudication of the individual dispute raised by one of the unsuccessful candidates. In my view, while the dispute raised may be decided in accordance with law in due course, it would not be justified to leave the School without any regular Principal. For that reason, Court is inclined to vacate the interim order dated 03.12.2018.

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Before parting with the record, it has been brought to the notice of the Court that after this Court had passed the interim order dated 03.12.2018, Joint Secretary to the Govt. of Assam, Secondary Education Department had issued letter dated 29.12.2018 addressed to the Director of Secondary Education, Assam forwarding a list of selected candidates for appointment as Principal of Higher Secondary Schools which included the School in question at Sl. No. 8 with the name of the recommended candidate i.e., the applicant.

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Mr. S. P. Bhattacharjee, learned Standing Counsel submits that he had a talk with the departmental authority who has expressed regret for the unintentional mistake which had occurred because of mis-communication. He submits that in so far the School in question is concerned the letter dated 29.12.2018 would be withdrawn and fresh instruction would be issued based on order of this Court.

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Having regard to the above and on due consideration interim order dated 03.12.2018 is vacated. Respondent authorities in the Education Department may proceed with the selection

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and appointment of Principal in the Saboti Welfare Multipurpose Higher Secondary School in the district of Lakhimpur which shall however be subject to outcome of the writ petition.

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IA is disposed of.

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JUDGE

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Comparing Assistant

Neelakshi Lahon v. Mrs. Madhu Nath Dastidar and 5 Ors.

Case brief

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Neelakshi Lahon v. Mrs. Madhu Nath Dastidar and 5 Ors.

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