Remanded

Krishna Prasanna Kochary v. the State of Assam and 4 Ors.

Gauhati HC10 Aug 2021WP(C)/3636/2021

Case brief

AI extract

What is this about?

The High Court directed the Director of Education to initiate the appointment process for a regular Headmaster at the respondent school, ensuring the petitioner's candidature is considered based on merit, subject to the post being vacant.

What did the court decide?

Directed the Director of Education to initiate the process of appointment of a regular Headmaster and allow the petitioner to participate.

Krishna Prasanna Kochary Vs the State of Assam and 4… — Service and Employment | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010115982021

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

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Case No. : WP(C)/3636/2021

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KRISHNA PRASANNA KOCHARY S/O RIPINDRA NATH KOCHARY

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VILLAGE UMNAGAR, PO DOTMA, DIST KOKRAJHAR,BTC, ASSAM 783345

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT (SECONDARY) DISPUR GHY 06

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2:THE SECRETARY

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EDUCATION DEPARTMENT KOKRAJHAR BTC

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ASSAM 783370

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3:THE DIRECTOR OF EDUCATION KOKRAJHAR BTC

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ASSAM 783370

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4:THE DISTRICT SELECTION COMMITTEE UNDER THE COMMISSIONER OFFICE KOKRAJHAR BTC ASSAM 783370

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5:THE INSPECTOR OF SCHOOL SECONDARY EDUCATION KOKRAJHAR BTC ASSAM 78337

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Page No.# 2/3

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Advocate for the Petitioner : MR. R C DAS

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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10.08.2021

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Heard Mr. RC Das, learned counsel for the petitioner, Mr. B Choudhury, learned counsel for the respondents No. 2, 3, 4 and 5 being the authorities in the Education Department of the BTC and Ms. P Chakraborty, learned counsel for the respondent No.1 being the authorities in the Secondary Education Department of the Government of Assam.

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The petitioner was appointed as a Science teacher in Gossainichina M.V School, Dotoma on 10.11.1994. Subsequently, the Gossainichina M.V School, Dotoma was amalgamated with the Nehru Vocational High School as per the letter of the Commissioner and Secretary to the Government of Assam in the Secondary Education Department to the Government of Assam dated 09.08.2017. Since then the petitioner is serving as a teacher in the amalgamated Nehru Vocational High School. It is stated that at present the post of Headmaster of Nehru Vocational High School is vacant and the petitioner feels that he has the required qualification as well as the eligibility to be the Headmaster of the school. For the purpose, the petitioner had submitted several representations claiming that he be considered for the post of Headmaster of Nehru Vocational High School. In the circumstance, this writ petition is instituted.

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Without going further into the merit of the claim of the petitioner for being

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appointed as the Headmaster of the Nehru Vocational High School, we deem it appropriate to dispose of this writ petition by directing the Director of Education, BTC to initiate the process of appointment of a regular Headmaster of Nehru Vocational High School as per the existing law as applicable to the authorities in the BTC. In such process for selection of the regular Headmaster, the petitioner be also allowed to participate and his candidature be considered as per its own merit.

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The above direction to initiate the process for appointment of the regular Headmaster of the school is subject to the condition that the post of Headmaster of Nehru Vocational High School is at present vacant and no person is holding the post of the Headmaster on a regular basis.

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The process be initiated even if the school is being presently managed on an interim basis through an In-charge Headmaster.

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The writ petition is disposed of in the above terms.

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Comparing Assistant

Krishna Prasanna Kochary v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Krishna Prasanna Kochary v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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