Petitioner, a Headmaster, challenged her re-designation as Senior Assistant Teacher after school amalgamation. Court directed correction of staff pattern to reflect her status as Assistant Headmaster per O.M. provisions.
Respondents directed to correct staff pattern showing petitioner as Assistant Headmaster within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC010003672021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/294/2021
DIPALI SEN W/O BIBEKANANDA SEN, D/O LATE KAMANUYA DEY ASSTT HEADMASTER, BADARPUR PUBLIC HIGH SCHOOL, BADARPUR, R/O ST ROAD, WARD NO. 1, PO AND PS BADARPUR, DIST KARIMGANJ, ASSAM, 788802
VERSUS
THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR GUWAHATI 6
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM KAHILIPARA GUWAHATI ASSAM 781019
3:THE INSPECTOR OF SCHOOLS
KARIMGANJ ASSAM 782003
4:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GHY- 6.
5:THE DIRECTOR OF ELEMENTARY EDUCATION
Page No.# 2/3
ASSAM KAHILIPARA GHY- 19
Advocate for the Petitioner : MR. A K DUTTA
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT
Date : 05-03-2021
Heard Mr. B. Purakayastha, learned counsel for the petitioner. Also heard Mr. S.M.T. Chistie, learned counsel for the respondents No. 1, 2 and 3 and Mr. B. Kaushik, learned counsel for the respondents No. 4 and 5.
“(7) In the event the highest school is High School, the Headmaster of the High School shall continue after amalgamation. The post of Headmaster of ME School shall be re-designated as Assistant Headmaster with same pay scale whatever they are drawing and the post shall be held by the existing Headmaster of the ME School without requiring the qualification for the post of Assistant Headmaster. However, after cessation of the services of such Assistant Headmaster, the vacancy shall be filled up from the candidates having requisite qualification as per procedure stipulated in the Service Rules in force”
Page No.# 3/3
M.E. School upon amalgamation would be re-designated as the Assistant Headmaster of the High School. In the instant case, the petitioner was the Headmaster of the Badarpur Public M.E. School, which was amalgamated with Badarpur Public High School as per the order dated 22.01.2018 and therefore after amalgamation, the petitioner by operation of law as per the provisions of the Office Memorandum dated 22.09.2016 got re-designated as the Assistant Headmaster of the amalgamated Badarpur Public High School.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the Headmaster of an M.E. School re-designated as Assistant Headmaster upon school amalgamation is entitled to that post without qualification requirements.
1 provisions across 1 enactments
DIPALI SEN W/O BIBEKANANDA SEN
THE STATE OF ASSAM
THE DIRECTOR OF SECONDARY EDUCATION ASSAM
THE INSPECTOR OF SCHOOLS KARIMGANJ
THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT.
THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
