Allowed

The School Selection Committee of Abbas Ali Choudhury Memorial H.S. School v. Abdul Aziz Ahmed and 5 Ors.

Gauhati HC10 Jan 2022WA/340/2021

Case brief

AI extract

What is this about?

The Gauhati High Court heard appeals against a Single Judge order concerning a Principal selection dispute. The Court allowed the writ appeals, directing the School Selection Committee to reconsider the matter under specific rules and address qualification contentions before forwarding the list for approval.

What did the court decide?

Directed the School Selection Committee to reconsider the matter under Rule 13 of Assam Secondary Education (Provincialisation) Service Rules, 2003, look into qualification contentions, and forward th

The School Selection Committee of Abbas Ali Choudhury… — Service and Employment | Gauhati HC (2022)

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GAHC010213822021

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

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Case No. : WA/350/2021

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MD. RAFIK AHMED

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S/O- ISMAIL HUSSAIN, R/O- VILL.- RAJAKHAL, P.O. CHAPEBARI, DIST.BARPETA, ASSAM, PIN- 781332.

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VERSUS

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MD.ABDUL AZIZ AHMED AND 5 ORS. S/O- LATE KASEM ALI, VILL.- CHANDMAMA PATHAR, P.O. CHANDMAMA, DIST. BARPETA, ASSAM, PIN- 781332.

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2:THE STATE OF ASSAM REP BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SECONDARY EDUCATION DISPUR GUWAHATI ASSAM PIN- 781006.

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3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN- 781019. 4:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA ASSAM

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5:THE STATE SELECTION BOARD

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(FOR SELECTION OF PRINCIPAL OF HIGHER SECONDARY SCHOOL) REP. BY THE CHAIRPERSON CUM COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-781006.

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6:THE SCHOOL SELECTION COMMITTEE OF ABBAS ALI CHOUDHURY MEMORIAL H.S. SCHOOL REP. BY THE PRESIDENT CUM CHAIRMAN OF THE SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE VILL.- AND P.O. BALAGAON DIST. BARPETA ASSAM PIN- 781319

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Advocate for the Petitioner : MR. S K MEDHI

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Advocate for the Respondent : SC, EDU

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Linked Case : WA/340/2021

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THE SCHOOL SELECTION COMMITTEE OF ABBAS ALI CHOUDHURY MEMORIAL H.S. SCHOOL REPRESENTED BY MD. ABDUL LATIF AGED ABOUT 65 YEARS THE PRESIDENT CUM CHAIRPERSON OF THE SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE VILL AND P.O.-BALAGAON DIST-BARPETA ASSAM PIN-781319

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VERSUS

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ABDUL AZIZ AHMED AND 5 ORS. S/O LATE KASEM ALI VILL-CHANDMAMA PATHAR P.O.-CHANDMAMA DIST-BARPETA ASSAM PIN-781332

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2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SECONDARY EDUCATION DISPUR GUWAHATI ASSAM PIN-781006 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN-781019 4:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA ASSAM 5:THE STATE SELECTION BOARD (FOR SELECTION OF PRINCIPAL OF HIGHER SECONDARY SCHOOL) REPRESENTED BY THE CHAIRPERSON CUM COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-781006 6:MD. RAFIK AHMED S/O ISMAIL HUSSAIN PRINCIPAL ABBAS ALI CHOUDHURY MEMORIAL HIGHER SECONDARY SCHOOL VILL AND P.O.-BALAGAON DIST- BARPETA ASSAM PIN-781319 R/O VILL- RAJAKHAL P.O.-CHAPEBARI DIST- BARPETA ASSAM PIN-781332 -----------Advocate for : MR. B CHAKRAVARTY Advocate for : MR F U BARBHUIYA (FOR CAVEATOR) appearing for ABDUL AZIZ AHMED AND 5 ORS.

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BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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10.01.2022

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The matter is taken up through video conferencing.

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Heard Mr. S. K. Medhi, learned counsel for the appellant in WA 350/2021 as well as Mr. B. Chakraborty, learned counsel for the appellant in WA 340/2021. Also heard Ms. P. Chakraborty, learned Standing Counsel, Education Department, appearing for the State respondents as well as Mr. H.R.A. Choudhury, learned Senior Counsel, appearing for the private respondent no. 1.

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The appellants before this Court have challenged the order dated 09.11.2021 passed by the learned Single Judge in WP(C) 3208/2021, by which the writ petition filed by the writ petitioner (i.e. private respondent no. 1 in these appeals) was allowed.

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The brief facts of the case are that the Managing Committee of Abbas Ali Choudhury Memorial H.S. School, in the district of Barpeta, Assam, vide Notice dated 04.03.2019 invited applications from eligible candidates for the post of regular Principal of the said school. The writ petitioner and the writ appellant in WA 350/2021 along with four others had appeared in the interview before the School Selection Committee. After the selection process was over, the School Authority forwarded a panel list of three candidates to the concerned authority for approval. Since the writ petitioner’s name was not included in the panel list prepared by the School Selection Committee, he filed the writ petition contending, inter alia, that the Experience Certificate submitted by him had not been taken into consideration by the Selection Committee and, resultantly, he had not been awarded 3 marks against “Experience” Column and 2 marks for

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working as Principal in-charge. According to the writ petitioner, the selected three candidates had been awarded 18, 17 and 16 marks respectively and the petitioner had been given 14 marks. Had he been awarded marks against “Experience” Column, he would have been included in the panel list prepared by the School Selection Committee, as then he would have got 19 works.

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In the writ proceeding, the case of the respondent no. 6 (i.e. appellant in WA 350/2021) was that the writ petitioner (private respondent no. 1 before this) court did not submit the “Experience Certificate” nor did he have the requisite qualification at the time of interview.

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The learned Single Judge came to the conclusion that the writ petitioner had been wrongly denied these marks and directed the School Selection Committee to send the panel of three names by incorporating the marks in respect of the writ petitioner against “Experience” column. While coming to this conclusion, the learned Single Judge had also considered a letter dated 10.09.2019 of the Director of Secondary Education, Assam, wherein it was categorically stated that the writ petitioner had submitted the required “Experience Certificate”.

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After hearing the learned counsel for the parties, we find no anomaly in the order passed by the learned Single Judge. Accordingly, we dispose of the writ appeals by directing the School Selection Committee to reconsider the matter as per Rule 13 of the Assam Secondary Education (Provincialisation) Service Rules, 2003 and forward the same to the Director of Secondary Education, Assam, for approval. While reconsidering the matter, the School Selection Committee shall also look into the contention of the writ appellants that the petitioner was not qualified as he had not done his post-graduation as per law.

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Let the School Selection Committee do the needful within one week from today and, thereafter, send the matter to the Director of Secondary Education, Assam, so that the matter is not delayed any further.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

The School Selection Committee of Abbas Ali Choudhury Memorial H.S. School v. Abdul Aziz Ahmed and 5 Ors.

Case brief

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The School Selection Committee of Abbas Ali Choudhury Memorial H.S. School v. Abdul Aziz Ahmed and 5 Ors.

Case brief

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The School Selection Committee of Abbas Ali Choudhury Memorial H.S. School Vs Md. Abdul Aziz Ahmed and 5 Ors.