Allowed

Md. Sadique Anuwar v. the State of Assam and 5 Ors.

Gauhati HC5 Dec 2023WP(C)/2042/2023

Case brief

AI extract

What is this about?

The Gauhati High Court set aside an order appointing a respondent as Principal in-charge of a school. The court held that the appointee was ineligible due to exceeding the age limit mandated by service rules. The petitioner was directed to be allowed to discharge Principal duties if eligible.

What did the court decide?

Impugned order dated 05.04.2023 setting respondent No. 6 as Principal in-charge was quashed. Directions issued for filling the post regularly and allowing the petitioner to act as Principal in-charge.

Md. Sadique Anuwar Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2023)

¶1

Page No.# 1/4

¶2

GAHC010079882023

¶3

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

¶4

Case No. : WP(C)/2042/2023

¶5

MD. SADIQUE ANUWAR

¶6

S/O- MD. ABDUL HASHIM, VILLAGE- RAMPUR SATRA, P.O. CHALA PATHER, P.S. BATADRAVA, DIST.- NAGAON, ASSAM, PIN- 782124

¶7

VERSUS

¶8

1. THE STATE OF ASSAM AND 5 ORS

¶9

REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GHY-6

¶10

2:THE DIRECTOR OF SECONDARY EDUCATION, ASSAM KAHILIPARA, GHY-19

¶11

3:THE INSPECTOR OF SCHOOLS,

¶12

NAGAON DISTRICT CIRCLE, NAGAON P.O. AND DIST.- NAGAON, ASSAM, PIN- 782001

¶13

4:THE BECHAMARI MOHAMMAD ISMAIL HIGHER SECONDARY SCHOOL REP. BY ITS IN-CHARGE PRINCIPL/SECRETARY P.O. BECHAMARI, DISTRICT- NAGAON ASSAM, PIN- 782123

¶14

5:THE IN-CHARGE PRINCIPAL

¶15

BECHAMARI MOHAMMAD ISMAIL HIGHER SECONDARY SCHOOL P.O. BECHAMARI, DISTRICT- NAGAON ASSAM, PIN- 782123

¶16

6:ANJANA SAIKIA BORAH W/O- DEEPOK BORAH VILLAGE- KUWORITUL P.S. KALIABOR, DIST.- NAGAON ASSAM, PIN- 78213

¶17

Page No.# 2/4

¶18

Advocate for the Petitioner : MR. M A SHEIKH

¶19

Advocate for the Respondent : SC, SEC. EDU.

¶20

– B E F O R E –

¶21

HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

¶22

ORDER

¶23

05.12.2023

¶24

Heard Mr. M.A. Sheikh, learned counsel for the petitioner. Also heard Mr. R. Majumdar, learned Standing Counsel, Secondary Education Department, Assam.

¶25

2. The petitioner is serving as an Assistant Teacher in Bechamari Mohammad Ismail Higher Secondary School (in short, Bechamari MIHS School) in the district of Nagaon, Assam, wherein, the respondent No.6 is the senior most Subject Teacher of the said School.

¶26

3. By instituting this writ petition, the petitioner, has assailed the order dated 05.04.2023 (Annexure -14) passed by the in-charge Director, Secondary Education, Assam by which the respondent No.6 was allowed to hold the charge of the Principal in-charge of the said Bechamari MIHS School along with financial power to draw and disburse the salary etc. of the teaching and non-teaching staff of the said H.S. School in addition to her normal duties as Subject Teacher vice Billal Uddin Ahmed, Principal, who had retired on 31.03.2023.

¶27

4. Learned counsel for the petitioner has contended that although the respondent No.6 is the senior-most Subject Teacher in the said School but she is not eligible to be allowed to even hold the charge of the post of Principal in-charge inasmuch as she does not fulfill the requirements under Rule 12(3)(v) of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 [in short, Rules of 2018],

¶28

Page No.# 3/4

¶29

wherein the eligibility criteria for holding the post of Principal has been laid down.

¶30

5. One of the eligibility criteria that has been prescribed under the Rules of 2018 is that the candidate should not be more than 57 years of age on the 1^st January of the year of recruitment. The said Rules of 2018 had come into force w.e.f. 10.10.2019.

¶31

6. It is settled law that even to hold the post on in-charge basis, a candidate must be eligible in terms of the relevant Rules of promotion for the said post on regular basis. The eligibility criteria required to be possessed by a employee for promotion to a particular post cannot be ignored even when the said post is filled up on an ad hoc/in-charge basis [refer Jagganath Pegu Vs. State of Assam & Ors. , 2007 (3) GLT 389 ].

¶32

7. Having noticed the eligibility criteria as well as the observations made in the decision of this Court in the case of Jagganath Pegu (supra), the facts involved in the present case is considered.

¶33

8. From the seniority list available on record, it is found that the date of birth of the respondent No.6 is 01.11.1965. The respondent No.6 would cross the age of 57 years on 31.10.2022. Accordingly, applying the provisions of Rule 12(3)(v) of the Rules of 2018, the respondent No.6 having crossed the maximum age limit of 57 years as of 1^st day of January, 2023, she would not be eligible to hold the charge of the post of Principal of the school in question on the date the impugned order dated 05.04.2023 was issued. In other words, the impugned order dated 05.04.2023 was admittedly issued in violation of the provisions of Rule 12(3)(v) of the Rules of 2018 rendering it unsustainable.

¶34

9. In view of the aforesaid position, the impugned order dated 05.04.2023 is hereby interfered with.

¶35

10. It is submitted at the bar that in pursuance of the interim order dated 11.04.2023 passed by this Court, the petitioner was allowed to look after the academic affairs of the school in addition to his normal duties.

¶36

Page No.# 4/4

¶37

11. In view of the interference made by this Court with the order dated 05.04.2023 and also the conclusion drawn that the respondent No.6 is not eligible even to hold the post of Principal of the School on in-charge basis, the Director, Secondary Education Department, Assam will now take the requisite steps for filing up the post of Principal of Bechamari MIHS School on regular basis and till the post of Principal is filled up on regular basis, in the event the petitioner is senior most and eligible Assistant Teacher working in the school, he should be allowed to discharge the functions of the post of Principal of the school on in-charge basis.

¶38

12. Necessary orders in this connection be passed by the Director, Secondary Education Department, Assam within a period of 1(one) month from the date of receipt of a certified copy of this order.

¶39

13. Petitioner shall submit a certified copy of this order to the Director, Secondary Education Department, Assam for further necessary actions in terms of the directions given hereinabove.

¶40

14. With the above observations and directions, the present writ petition stands disposed of.

¶41

JUDGE

¶42

Comparing Assistant

Md. Sadique Anuwar v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Md. Sadique Anuwar v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Salek Ahmed and 17 Ors. Vs the State of Assam and 3 Ors.

Mustafa Jalal Laskar Vs the State of Assam and 2 Ors.

Muhi Gogoi Vs Abdul Jalil and Anr.

Dolapara Me Madrassa Vs the State of Assam and 7 Ors.

Dalapara Me Madrassa Vs the State of Assam and 9 Ors.

MD Kamal Uddin Ahmed Vs the State of Assam and 3 Ors.