Petitioner sought appointment as Headmaster after an earlier order was cancelled. Respondent argued the school had subsequently been amalgamated, rendering the prayer untenable. The court dismissed the writ petition unanimously.
The writ petition was dismissed; copy of the amalgamation notification noted as part of the record.
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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GAHC010015922016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2980/2016
RANJIT CHETIAPATRA
S/O- LT. BHABA CHETIAPATRA, R/O- SEUJ NAGAR, P.O.- CHAPAKHOWA SODIA, DIST.- TINSUKIA, ASSAM- 786157.
VERSUS
THE STATE OF ASSAM and 4 ORS. REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPTT., DISPUR, GHY- 6.
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY- 19. 3:THE DIST. ELEMENTARY EDUCATION OFFICER TINSUKIA P.O.- TINSUKIA ASSAM. 4:THE DY. INSPECTOR OF SCHOOLS SADIYA P.O.- SADIYA DIST.- TINSUKIA ASSAM. 5:PABITRA BORGOHAIN R/O- SEUJ NAGAR P.O.- CHAPAKHOWA SODIA DIST.- TINSUKIA ASSAM- 786157
Advocate for the Petitioner : MS.N BARUAH Advocate for the Respondent :
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BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
09-03-2023
Heard Ms. P. Saharia, learned counsel for the petitioner and Mr. P. N. Sarma, learned Standing Counsel, Department of School Education for the respondent Nos. 1 to 4.
Petitioner claimed that he is the senior most Assistant Teacher of Ujani Sadiya M.E. School, a provincialised Upper Primary School in the District of Tinsukia. It is stated that on the basis of the advice of the District Elementary Education Officer, Tinsukia by order dated 21.01.2016 he was allowed to be the Headmaster in-charge of said M.E. School in addition to his normal duties. However, the said District Elementary Education Officer, Tinsukia by order dated 03.02.2016 cancelled its said earlier order dated 21.01.2016, until further orders.
Being aggrieved with the same, the petitioner filed this writ petition on 10.05.2016.
Notice in this case was issued on 18.05.2016. However, the respondent authorities have not filed its affidavit(s).
During the deliberation of the matter, Mr. P. N. Sarma, learned Standing Counsel, Department of School Education by placing the Notification No.ASE.59/2017/303 dated 02.08.2017 of the State Government in the Secondary Education Department submitted that said Ujani Sadiya M.E. School wherein the petitioner and the respondent No.5 are the Assistant Teachers, had already been amalgamated with the Ujani Sadiya Higher Secondary School, Na-
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Sadiya under the Scheme of ‘Siksha Khetra’. From the said Notification dated 02.08.2017, Mr. Sarma placed that during the time of said amalgamation on 02.08.2017 the post of Headmaster of said Ujani Sadiya M.E. School was vacant wherein the name of the petitioner amongst the Teachers of said Ujani Sadiya M.E. School on the basis of their seniority figured at Srl. No.3 (Srl. No.28) and that of the respondent No.5 at Srl. No.10 (Srl. No.35).
Since said Ujani Sadiya M.E. School has already been amalgamated with Ujani Sadiya Higher Secondary School, Na-Sadiya in terms of the said Notification dated 02.08.2017 of the State Government in the Secondary Education Department, the prayer of the petitioner is not tenable in law.
Accordingly, this writ petition being devoid of any merit stands dismissed.
Copy of the order of said amalgamation dated 02.08.2017 of the State Government in the Secondary Education Department, noted above, placed before the Court today by Mr. P. N. Sarma, learned Standing Counsel, Department of School Education, be kept as part of the record.
Comparing Assistant
2 issues framed by the court
Whether the petitioner's prayer for appointment as Headmaster is tenable in law given the subsequent amalgamation of the school.
Whether the petitioner is entitled to appointment as Headmaster of the amalgamated school posts based on seniority.
Ranjit Chetiapatra
The State of Assam
Commissioner and Secy. to the Govt. of Assam
Director of Elementary Education Assam
Dist. Elementary Education Officer Tinsukia
Dy. Inspector of Schools Sadiya
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
