Petitioner challenged appointment of respondent No. 4 as in-charge Head Master after permanent Head Master retired. Court found no illegality and granted liberty to BEEO to determine inter se seniority within six weeks.
Liberty granted to BEEO to determine inter se seniority of teachers and appoint an in-charge Head Master within six weeks.
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.# 1/4
GAHC010145232020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4356/2020
AMINUL ISLAM
S/O- LT. ABDUL KADER MUNCHI, R/O- VILL- RANGESWARIPAM, P.O. TUPAMARI, P.S. NAGARBERA, DIST.- KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GHY-06
2:THE DISTRICT ELEMENTARY EDUCATION OFFICER BARPETA ASSAM
3:THE BLOCK ELEMENTARY EDUCATION OFFICER CHENGA BLOCK BARPETA ASSAM
4:HANIF UDDIN AHMED S/O- AKBAR ALI R/O- VILL- MANCHARA P.O. AND P.S. KACHUMARA DIST.- BARPETA ASSAM
5:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT DISPUR
Page No.# 2/4
GUWAHATI - 6
Advocate for the Petitioner : MR. S BANIK
Advocate for the Respondent : SC, ELEM. EDU
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 18.5.2022
Heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mr. N. J. Khataniar, learned Standing Counsel, Elementary Education, respondent Nos. 1 to 3 and Mr. S. K.Das, learned counsel for respondent No. 4.
Page No.# 3/4
proposing the name of the petitioner, Aminul Islam. The order impugned reflects that the President of the School Management Committee made an allegation before the District Elementary Education Officer that the petitioner is not the senior most teachers in the school to be appointed as in-charge Head Master. In that backdrop, the District Elementary Education Officer directed for report upon enquiry through the BEEO and pending finalisation of such enquiry, the respondent No. 4 was allowed to hold the charge of Head Master treating him to be senior most teacher.
both the respondent No. 4 and the writ petitioner. However no final conclusion
has been done and no further order has been issued subsequent to order dated
26.5.2020, determining the inter se seniority position between the petitioner and respondent No. 4.
Page No.# 4/4
granted to the respondent BEEO to determine the inter se seniority of the teachers in the school including the petitioner and the respondent No. 4 and do the needful for the management of the school by appointing an incharge Head Master. Such exercise should be carried out within a period of six weeks from today.
as to cost.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the District Elementary Education Officer committed illegality in entrusting the charge of Head Master to respondent No. 4 pending enquiry into the petitioner's alleged lack of seniority.
Whether the High Court should determine the inter se seniority of teachers or grant liberty to the authorities.
Aminul Islam
The State of Assam
Haniif Uddin Ahmed
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
