The Gauhati High Court disposed of a writ petition by eminent public officers seeking regularization of officiating promotions superseding senior proforma respondents.
Direction to respondent authorities to consider the case for regularization of officiating promotions within 3 months if rules permit.
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.
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GAHC040000702021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C) 23/2021
1:Toko Tubi
VICE PRINCIPAL, GOVT. HIGHER SECONDARY SCHOOL, TALO, LOWER SUBANSIRI DISTRICT,A P.
2: BYABANG KYOCHI VICE PRINCIPAL PALIN KRA DAADI DISTRICT AP.
3: GYAMAR TAJAP HEADMASTER GOVT. SECONDARY SCHOOL BANDERDEWA PAPUM PARE DISTRICT AP.
4: NABAM REEKAM HEADMASTER GOVT. SECONDARY SCHOOL MANI PAPUM PARE DISTRICT A P.
5: BENGIA SERA HEADMASTER GOVT. SECONDARY SCHOOL SARLI KURUNG KUMEY DISTRICT A P.
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6: DAKME ABO HEADMASTER GOVT. SECONDARY SCHOOL TORU DISTRICT PAPUM PARE AP.
7: TOKU RAJA HEADMASTER GOVT. SECONDARY SCHOOL P-SECTOR ITANAGAR PAPUM PARE DISTRICT A P.
8: TAI TADER HEADMASTER GOVT. SECONDARY SCHOOL RGU CAMPUS DOIMUKH PAPUM PARE DISTRICT AP.
9: TADAR KAME HEADMASTER GOVT. SECONDARY SCHOOL PACHIN PAPUM PARE DISTRICT AP.
10: PHASSANG SAMA VICE PRINCIPAL HEADMASTER GOVT. SECONDARY SCHOOL KONKAR NALLAH PAPUM PARE DISTRICT AP VERSUS
1:The State of AP and Others THE SECRETARY (EDUCATION), GOVT. OF AP, ITANAGAR.
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2:THE DIRECTOR OF SCHOOL EDUCATION GOVT. OF AP ITANAGAR.
3:TECHI PRATAP OFFICE OF DIRECTORATE OF SCHOOL EDUCATION DISTRICT ADULT EDUCATION OFFICER C/O THE DIRECTOR OF SCHOOL EDUCATION GOVT. OF AP ITANAGAR.
4:HARIDAR PHUNTSOK DISTRICT ADULT EDUCATION OFFICER TAWANG DISTRICT TAWANG AP.
5:GIOGI KAHA PRINCIPAL GOVT. HIGHER SECONDARY SCHOOL ANINI DIBANG VALLEY DISTRICT AP.
6:LIKHA TOGUR
C/O DY. DIRECTOR OF SCHOOL EDUCATION KOLORIANG KURUNG KUMEY DISTRICT A P
Advocate for the Petitioner : T T Tara
Advocate for the Respondent : Tagum Jamoh
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BEFORE HONBLE MR. JUSTICE NANI TAGIA
ORDER
Date : 09-03-2023
Heard Mr. Terji Kamchi, learned counsel for the petitioners. However, none appears on behalf of the respondents, on call.
The petitioners, altogether 10(ten) in nos., who are serving as Vice-Principals and Headmasters of different Government Secondary Schools and District Adult Education Officers in the State of Arunachal Pradesh, have filed this writ petition, seeking a direction to the respondent authorities to regularize the officiating promotion of the petitioners as Headmasters/Vice-Principals/District Adult Education Officers at par with the proforma respondents who have been promoted by superseding the petitioners who are senior to them by following the principle of next below rule.
Though this writ petition was filed in the year 2021; no counter affidavit has been filed by the respondents-Education Department, Government of Arunachal Pradesh.
In view of the above and having regard to the nature of prayer; this writ petition is disposed of with a direction to the respondent authorities to consider the case of the petitioners for regularization of their officiating promotion as Headmasters/VicePrincipals/District Adult Education Officers in accordance with the relevant Recruitment Rules if such regularization of officiating promotion as Headmasters/VicePrincipals/District Adult Education Officers are permissible under the Rules subject to availability of the requisite vacant posts.
The consideration directed to be made, as above, shall be done by the respondent authorities as expeditiously as possible and in any case, not later than
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3(three) months from the date of receipt of a certified copy of this order which shall be submitted by the petitioners to the said authority.
The writ petition stands disposed of in terms above.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioners are entitled to regularization of their officiating promotion as Headmasters/Vice-Principals/District Adult Education Officers by superseding senior proforma respondents.
Toko Tubi and others
The State of AP
Nani Tagia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
