Allowed

Anupam Borthakur v. the State of Assam and 3 Ors.

Gauhati HC6 Sept 2022WP(C)/1916/2022

Case brief

AI extract

What is this about?

The Gauhati High Court set aside an order allowing an unqualified teacher to hold the charge of Headmaster, mandating the Directorate to verify seniority and eligibility under the 2018 Rules within one month.

What did the court decide?

The order dated 29-01-2021 setting the petitioner as the most eligible teacher was set aside, and the matter was remanded for verification and fresh order.

Anupam Borthakur Vs the State of Assam and 3… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010047182022

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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)/1916/2022

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ANUPAM BORTHAKUR

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S/O- LATE SIVA NATH BARTHAKUR,

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SR. MOST QUALIFIED GRADUATE ASSISTANT TEACHER DERING PATHAR ENGLISH HIGH SCHOOL , BISWANATH, DATE 0F JOINING- 01.02.1996 , R/O- VILL BISWANATH PURANI GAON, P.O-BISWANATH GHAT, DIST- BISWANATH, ASSAM, PIN-784177

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VERSUS

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THE STATE OF ASSAM AND 3 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT , DISPUR, GUWAHATI-06

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

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3:THE INSPECTOR OF SCHOOLS

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SONITPUR DISTRICT CIRCLE TEZPUR SONITPUR ASSAM

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4:JITEN RONGHANG S/O- LATE THAGON RONGHANG ASSISTANT TEACHER DERING PATHAR HIGH ENGLISH SCHOOL BISWANATH

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R/O- VILL- SELIKHATI P.O- BALICHANG DIST- BISWANATH ASSAM PIN- 78417

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Advocate for the Petitioner : MR. A K DUTTA

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Advocate for the Respondent : SC, SEC. EDU.

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Linked Case : WP(C)/935/2022

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JITEN RONGHANG S/O LATE THAGON RONGHANG R/O VILL- SELIKHATI P.O. BALICHANG DIST. BISWANATH ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPARTMENT (SECONDARY) DISPUR GUWAHATI-6.

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2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS SONITPUR DISTRICT CIRCLE TEZPUR ASSAM 4:SRI ANUPAM BARTHAKUR S/O LATE SHIVNATH BARTHAKUR R/O VILL- BISWANATH P.O. BISWANATH GHAT DIST. BISWANATH ASSAM -----------Advocate for : MR. N UPADHAYAY Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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06-09-2022

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WP(C) No. 1916 of 2022 .

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Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. S.M.T. Chistie, learned standing counsel representing the Secondary Education Department and Mr. R. De, learned counsel for the private respondent.

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The petitioner was initially appointed as Science Graduate Teacher and posted at L.O.K.D. M. E. School, Julia under Tezpur Sub-Division. Thereafter, the petitioner was transferred along with his post to Dering Pathar M.E. School, under rationalization scheme in terms of the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (‘the Act of 2009’ in short).

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The petitioner is aggrieved by the order dated 29-01-2021, passed by the Additional Director, Secondary Education, Assam, whereby the respondent No. 4 has been allowed to hold the charge of Headmaster in-charge of Dering Pathar High School, Sopnitpur district, on the ground that the respondent No. 4 does not have the required qualification.

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WP(C) No. 935 of 2022

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Heard Mr. R. De., learned counsel for the petitioner. Also heard Mr. S.M.T. Chistie, learned standing counsel representing the Secondary Education Department and Mr. B. Purkayastha, learned counsel for the private respondent.

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The petitioner, who is the respondent No. 4 in WP(C) No. 1916 of 2022, has filed the present writ petition challenging the verbal direction given to the

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petitioner to handover the charge of in-charge Headmaster of Dering Pathar M.E. School, to the respondent No. 4/who is the writ petitioner in WP(C) No. 1916 of 2022.

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Rule 14(2)(a) of the Assam Secondary Education (Provincialised School) Rules, 2018 (in short, 2018 Rules), provides that to hold the post of Headmaster/ Superintendent of any High School/High Madrassa, the incumbent must possess B.A./B.Sc./B.Com with B.T./B.Ed.

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It is undisputed that the respondent No.4/writ petitioner in WP(C) No. 935 of 2022 does not have the required qualification of B.Ed. It is the case of the petitioner in WP(C) No. 1916 of 2022 that he is the most eligible senior teacher having requisite qualification to hold the post of in-charge Headmaster of the said Dering Pathar M.E. School.

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Considering the facts as indicated hereinabove and as the law is already settled with regard to the eligibility criteria of even in-charge Headmaster, this Court comes to the conclusion that the order dated 29-01-2021, issued by the Additional Director, Secondary Education, Assam, allowing the respondent No. 4/writ petitioner in WP(C) No. 935 of 2022 to hold the charge of Headmaster incharge of Dering Pathar M.E. School is not sustainable in the eye of law. Accordingly, the order dated 29-01-2021, is set aside and quashed.

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The matter is, now, remanded back to the Director, Secondary Education, Assam to verify all the relevant records including the eligibility criteria as well as seniority in respect of the teachers of the Dering Pathar M.E. School, and, thereafter, pass an appropriate order for allowing the most eligible teacher to hold the post of in-charge Headmaster of Dering Pathar M.E. School, in terms of Rule 14 of the 2018 Rules.

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Let such exercise be completed within a period of one month from the date of receipt of a copy of this order.

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Both the writ petitions are accordingly disposed of with the aforesaid directions.

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JUDGE

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Comparing Assistant

Anupam Borthakur v. the State of Assam and 3 Ors.

Case brief

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Anupam Borthakur v. the State of Assam and 3 Ors.

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