Petitioner challenged an order appointing a respondent who reportedly lacked required qualifications. Since the appointee had retired, the court remanded the matter to the Directorate to fill the post according to rules within two months.
Petition disposed; matter remanded to Directorate of Secondary Education to fill the post within two months.
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GAHC010217762021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7032/2021
DULAL BORA
S/O LATE GANESH BORA RESIDENT OF MACHKHOWA NO. 1 BORAJAN, PO AND PS MACHKHOWA, DIST DHEMAJI, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, SACHIVALAYA, DISPUR, GUWAHATI 06
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM KAHILIPARA GUWAHATI 19
3:THE ADDITIONAL DIRECTOR OF SECONDARY EDUCATION
ASSAM KAHILIPARA GUWAHATI 19
4:THE INSPECTOR OF SCHOOL
D.D.C DHEMAJI ASSAM.
5:SRI HEMEN HANDIQUE PRINCIPAL IN CHARGE
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MACHKHOWA SR. SECONDARY SCHOOL PO AND PS MACHKHOWA DIST DHEMAJI ASSA
Advocate for the Petitioner : MR S BORTHAKUR
Advocate for the Respondent : SC, SEC. EDU.
BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 01.11.2022
Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. B. Kaushik,
learned standing counsel for the Secondary Education Department for the respondent nos. 1 to 4 and Mr. A. Deka, learned counsel for the respondent no. 5.
no. 5 has retired from service. This Court has also considered the seniority list of
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teaching staff of Machknowa Senior Secondary School (Machknowa) under the DTC Dhimaji. However, without expressing any opinion on the merit of the case inasmuch as respondent no. 5 has already retired, the matter is remanded back to the Directorate of Secondary Education/respondent No. 2 to consider filling up the post of Principal of Machkhowa Senior Secondary Education, Dhimaji either on regular basis or in charge in terms of the Rules of 2018.
Let such consideration be done within a period of two months from the date of receipt of a certified copy of this order.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the post of Principal in-charge should be refilled considering the retirement of the respondentappointed official.
Whether the appointing authority must consider the appointment under the relevant Rules of 2018.
1 provisions across 1 enactments
DULAL BORA
THE STATE OF ASSAM
THE DIRECTOR OF SECONDARY EDUCATION, ASSAM
THE ADDITIONAL DIRECTOR OF SECONDARY EDUCATION, ASSAM
THE INSPECTOR OF SCHOOL, D.D.C DHEMAJI
SRI HEMEN HANDIQUE
LANUSUNGKUM JAMIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
