Allowed

Gopal Kakaty v. the State of Assam and 6 Ors.

Gauhati HC1 Apr 2025WA/231/2024

Case brief

AI extract

What is this about?

The Gauhati High Court set aside the Single Judge's order directing finalization of recruitment for Principal based on a superseded committee recommendation. The Court held that the original recommendation was void after a previous order directed reconsideration, and the subsequent Board recommendation was interfered with by the Government. The matter was remanded for fresh consideration.

What did the court decide?

Order dated 12.06.2024 set aside; State Selection Board directed to consider recruitment afresh and submit fresh recommendation within two months.

Gopal Kakaty Vs the State of Assam and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2025)

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GAHC010136932024

2025:GAU-AS:3960-DB

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

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Case No. : WA/231/2024

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GOPAL KAKATY

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SON OF LATE MUKHESWAR KAKATY, VILL.- TANGANA GAON, WARD NO. 3, GOHPUR, DIST.- SONITPUR, ASSAM, PIN- 784168.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS.

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REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, DEPT. OF SCHOOL EDUCATION, GUWAHATI- 781006.

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2:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPT. OF SCHOOL EDUCATION DISPUR GUWAHATI- 781006.

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3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019.

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4:THE STATE SELECTION BOARD REPRESENTED BY THE CHAIRMAN SECRETARY TO THE GOVERNMENT OF ASSAM DEPT. OF SCHOOL EDUCATION DISPUR GUWAHATI- 781006.

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5:THE INSPECTOR OF SCHOOLS SONITPUR DISTRICT CIRCLE SONITPUR 784169 ASSAM.

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6:THE SCHOOL SELECTION COMMITTEE REPRESENTED BY THE MEMBER SECRETARY

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THE I/C PRINCIPAL OF HOWAJAN HIGHER SECONDARY SCHOOL DIST- SONITPUR PIN- 784169 ASSAM.

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7:MILAN BORAH SON OF LATE KANDURAH BORAH RESIDENT OF DHENUDHARA WARD NO.1 PO. AND P.S.- GOHPUR AND DISTRICT- BISWANATH CHARIALI SONITPUR ASSAM PIN- 784168

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Advocate for the Petitioner : MR. L N DIHINGIA, MD S HOQUE,MR. P J SAIKIA Advocate for the Respondent : SC, SEC. EDU., MR. A DEKA(R-7)

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BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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Date of hearing : 02.04.2025

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Date of Judgment & Order : 02.04.2025

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JUDGMENT & ORDER (ORAL)

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(N. Unni Krishnan Nair, J.)

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Heard Mr. L. N. Dihingia, learned counsel for the appellant. Also heard Ms. A. Das, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1 to 5; and Mr. A. Deka, learned counsel, appearing on behalf of respondent No. 7. However, none has appeared on behalf of respondent No. 6.

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2. The present intra-Court appeal is instituted by the appellant, herein, presenting a challenge to an order, dated 12.06.2024, passed by the learned Single Judge in WP(c)3066/2023, requiring the respondents No. 2, 3 & 4, herein, to complete the process of selection against the post of Principal, Howajan Higher Secondary School, by taking into consideration the recommendation of the State Selection Board, dated 16.02.2019.

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3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

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The appellant, herein, in pursuance of the advertisement, dated

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01.02.2019, inviting applications for recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath, had submitted his application. Although the appellant contends that he was eligible for being considered for recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath; however, in the list of candidates found to be eligible for participating in the selection process, the name of the appellant, herein, was not included.

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The school selection committee on conclusion of the selection amongst the candidates found eligible for the purpose, prepared a statement-cumselect list on 16.02.2019, and the same on being countersigned by the jurisdictional Inspector of Schools, on 28.02.2019, came to be forwarded to the State Selection Board for further processing.

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The appellant, herein, on being excluded from the selection process for recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath, as initiated in pursuance of the advertisement, dated 01.02.2019, approached the writ Court by way of instituting a writ petition being WP(c)4988/2019.

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The learned Single Judge on consideration of the issues arising in the matter, was pleased to dispose of the said writ petition vide order, dated 09.12.2019, by providing that the State Selection Board shall examine the claim of the appellant, herein, and verify the same and after verification, if it is found that the appellant had requisite 17 years of teaching experience clubbing together his experience in the High School and Higher Secondary School in terms of the clarification made by this Court in WP(c)2532/2014;

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the recommendation made in favour of the respondent No. 7 by the school selection committee on 16.02.2019, would be liable to be set aside and further, required that necessary direction be issued for re-consideration of the claim of the appellant, herein. It was further provided that the authorities after considering the claim of the appellant, herein, shall make a fresh recommendation on the basis of the performance of the appellant and other candidates involved in the process of recruitment.

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Accordingly, the matter was remanded back to the school selection committee and the school selection committee re-considered the claim of the appellant, herein, along with other applicants in the fray, on 06.03.2020, and thereafter, made its recommendations in the matter which was forwarded to the State Selection Board.

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It is to be noted that on re-consideration of the matter; the school selection committee on 06.03.2020, had recommended the name of the appellant, herein, at Serial No. 1, for recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath.

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The matter on being placed before the State Selection Board on 26.11.2020; the Board proceeded to recommend the name of the respondent No. 7 for recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath, by holding that the appellant, herein, was not eligible for such recruitment, in-as-much as, he had obtained his B.Ed. Degree from P.G.T. Lakhimpur in the year 1996 and during the said period, the said institution was not recognized by the National Council for Teacher Education (NCTE), which recognition was granted only in the year

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1997.

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The said recommendation of the State Selection Board was considered by the Government in the Secondary Education Department and thereafter, vide communication, dated 03.08.2022; the Government had required the Director, Secondary Education Department, Assam, to place the matter afresh before the State Selection Board for a fresh recommendation to the Government regarding the selection/ appointment against the post of Principal, Howajan Higher Secondary School, Biswanath.

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Accordingly, the matter came to be placed before the State Selection Board in its meeting held on 12.12.2022, and the State Selection Board required the Director, Secondary Education Department, Assam, to furnish point-wise detail with regard to the issue raised by the Board and place the same in the next meeting of the State Selection Board.

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On receiving clarifications on the issue raised by the State Selection Board, in its meeting held on 12.12.2022; the Director, Secondary Education Department, Assam, vide communication, dated 05.12.2023, requested the Government in the Department of School Education to convene a meeting of the State Selection Board for an early disposal of the pending proposals. Accordingly, the Government in the Department of School Education vide communication, dated 06.01.2024, directed that a meeting of the said State Selection Board be scheduled on 08.01.2024, for consideration of the selection of regular Principal and Headmaster of provincialized Secondary Schools of the State.

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It is seen that in the meeting of the State Selection Board so held on 08.01.2024; a decision was arrived at to defer the discussion in the matter till the final outcome of the proceedings involved in a writ petition being WP(c)3066/2023 filed by the respondent No. 7, herein.

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The learned Single Judge on considering the issue arising in the matter, was pleased vide order, dated 12.06.2024, to dispose of the writ petition being WP(c)3066/2023, in the following manner:

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“ 9. The learned counsel for the petitioner submits that the examination process for appointment of the Principal has been completed as per Rule 13 of the Assam Secondary Education (Provincialized) Service Rules, 2003. And since the name of the petitioner has been recommended by the State Selection Board, the respondent authority may be directed to decide the matter finally for appointment of the petitioner as the principal.

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10. Having heard the learned counsel appearing for the parties and considering the pleadings of the parties including the affidavit filed by the respondent No.3 and on perusal of the materials available on record, this writ petition is disposed of with the direction to the concerned authorities including the respondent Nos. 2,3 and 4 to complete the process for selection of the Principal of Howajan Higher Secondary School in terms of OM and the Rule 13 of the Assam Secondary Education (Provincialised) Service Rules, 2003 and decide the matter finally taking into consideration the recommendation of the State Selection Board dated 16.02.2019.”

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4. Mr. Dihingia, learned counsel for the appellant, herein, assailing the order, dated 12.06.2024, passed by the learned Single Judge in WP(c)3066/2023, has submitted that the direction passed by the learned Single Judge to complete the process of selection for recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath, in terms of the provisions of Assam Secondary Education (Provincialized) Service Rules, 2003, and decide the matter finally, by taking into consideration the recommendations of the State Selection Board, dated 16.02.2019, is clearly perverse, in-as-much as, the said decision was of the school selection committee and not of the State Selection Board and the

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same was already interfered with by the learned Single Judge vide order, dated 09.12.2019, in WP(c)4988/2019. Accordingly, the learned counsel has submitted that the directions passed by the learned Single Judge vide order, dated 12.06.2024, in WP(c)3066/2023, would mandate an interference.

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5. Mr. Deka, learned counsel appearing on behalf of respondent No. 7, herein, has submitted that the order, dated 12.06.2024, passed by the learned Single Judge in WP(c)3066/2023, was an order passed on consensus, arrived at by and between the parties and the date of the recommendations of the State Selection Board, dated 16.02.2019, as recorded in paragraph No. 10 of the said impugned order, should be read as “26.11.2020”, and accordingly, the selection process for recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath, be directed to be taken to its logical conclusion.

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6. We have heard the learned counsels appearing for the parties and also perused the materials available on record.

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7. At the outset, it is to be noted that the directions passed by the learned Single Judge vide order, dated 12.06.2024, in WP(c)3066/2023, requiring the authorities in the Department of School Education to decide the matter pertaining to the recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath, finally, by taking into consideration the recommendations of the State Selection Board, dated 16.02.2019, is clearly not sustainable, on account of the fact that the said recommendation was not of the State Selection Board but was of the school

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selection committee. Further, vide order, dated 09.12.2019, passed in WP(c)4988/2019, the writ Court had already directed that the claim of the appellant, herein, be verified and on such verification; if the appellant, herein, is found to be having the requisite teaching experience, the recommendation made by the school selection committee, dated 16.02.2019, would be liable to be set aside and necessary direction be issued for re-consideration of the claim of the appellant, herein. The learned Single Judge had further required that the authorities after considering the claim of the appellant, herein, shall make a fresh recommendation on the basis of the appellant and other candidates in the fray.

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8. The respondent authorities having directed for a re-consideration of the claim of the applicants in the fray by including the appellant, herein, in terms of the directions passed by the learned Single Judge vide order, dated 09.12.2019, in WP(c)4988/2019; the recommendation, dated 16.02.2019, of the school selection committee does not exists and the same has been rendered null and void. Accordingly, the learned Single Judge could not have directed the selection, in question, to be taken to its logical conclusion basing on the recommendations of the school selection committee, dated 16.02.2019.

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9. The Director, Secondary Education Department, Assam, in WP(c)3066/2023, had filed an affidavit in the matter and therein, had made the following contentions:

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“ 4................... In compliance of the Hon'ble High Court order dated 09.12.2019 passed in W.P.(C) No.4988/2019 filed by Gopal Kakaty, the State Selection Board returned the original proposal for selection of regular Principal in Howajan H.S. School to the School Selection Committee for reconsidering the claim of the petitioner and to make

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a fresh recommendation on the basis of performance of the petitioner and other candidates including the Respondent No. 5, 6 & 7 vide DSE, Assam letter dated 01.02.2020.

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Accordingly, the School Selection Committee re-submitted the proposal of selection of regular Principal of Howajan H.S. School vide Inspector of Schools, SDC, Sonitpur letter dated 12.03.2020. The School Selection Committee submitted names of 4 (four) candidates in the panel list after fresh recommendation which are mentioned below-

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*SI Nos.*	*Name*	*Marks Obtained*
1.	*Gopal Kakaty*	18
2.	*Milan Borah*	17
3.	*Nilay Dutta*	16
4.	*Purnananda Bordoloi*	14

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Thereafter, the State Selection Board in its meeting which was held on 26.11.2020, recommended the name of Sri Milan Borah for promotion to the post of Principal of Howajan H.S. School stating that Sri Gopal Kakaty has obtained B. Ed degree from P.G.T. Lakhimpur in 1996 but the said institution got NCTE recognition on 1997 and submitted the Government for approval vide the office letter No. DSE/SSB/Principal/27/2017/Pt-I/319, dated 04.12.2020.

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A hearing was held at the Government level and the Government vide letter No. ASE.766/2017/197, dated 03.08.2022 directed to place the matter afresh before the State Selection Board and submit the fresh recommendation to the Government regarding selection / appointment to the post of regular Principal of Howajan H.S. School, Biswanath within 15 days.

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5. That, the answering deponent humbly begs to state thatin the meantime, on 08.08.2022 an allegation was received from Sri Gopal Kakaty and dated 16.08.2022 allegation was received from Sri Milan Borah regarding selection / appointment to the post of Howajan H.S. School, Biswanath.

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The matter was placed before the State Selection Board meeting which was held on 12.12.2022 at the office chamber of the Secretary to the Govt. of Assam, Department of School Education and the “Board decided that the date of experience will be conducted from the date of receiving Graduate Scale of pay to the date of advertisement. DSE will furnish a point-wise detail report with necessary comment in respect of specific observations discussed in the meeting. Board has directed to place the proposal in the next State Selection Board Meeting.”

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6. That, the answering deponent humbly begs to state that the Inspector of School, SDC, Tezpur was requested to submit the required documents in this regard vide the office letter No.DSE/SSB/CC/84/2019/166, dated 03.02.2023 and the Inspector of Schools, SDC, Tezpur submitted required documents vide the letter No. Estt/3/Steno/HMSupdt/Charge/Pt-1/2021/278, dated 16.02.2023.

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As per report of the Inspector of Schools, SDC, Tezpur, Sri Gopal Kakaty joined on 07.04.1992 as Assistant Teacher in Dhunaguri High School under Lakhimpur District vide Inspector of Schools, LDC, Lakhimpur letter No. PROV/AT/2/92-93/868690, dated 01.04.1992 and he has been receiving Graduate Scale of Pay from the date of his joining.

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7. That, the answering deponent humbly begs to state that as per record, he (Sri Gopal Kakaty) was transferred to Janapriya High School on 11.05.1993 and again transferred to Hawajan H.S. School under Sonitpur district vide the office order No.GB-EST/TRN/9/03/Pt/20, dated 25.06.2003. Accordingly, he joined in Hawajan H.S School on 01.07.2003 and he has been working in Hawajan H.S. School till date.

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The matter will be placed before the next meeting of the State Selection Board and accordingly the Government has been requested to fix a convenient date and time for the meeting of the State Selection Board vide the office letter No.DSE/SSB/CC/84/2019/182, dated 05.12.2023.

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In the meantime, a meeting of the State Selection Board was fixed on 08.01.2024 at 11:00 AM in the office chamber of the Secretary to the Government of Assam vide Government letter No. E-247799/69, dated 06.01.2024.

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8. That, the answering deponent humbly begs to state that the matter regarding selection to the post of regular Principal of Howajan H.S. School District Biswanath was placed before the State Selection Board meeting held on 08.01.2024. As the matter is subjudice, the Selection Board deferred the discussion till the final outcome of the W.P.(C) No.3066/2023 filed by the Milan Borah, one of the empanelled candidate.”

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10. A perusal of the contentions raised by the Director, Secondary Education Department, Assam, in the said affidavit, would go to reveal that in pursuance of the directions passed vide order, dated 09.12.2019, in WP(c)4988/2019, the matter was re-considered by the school selection committee on 06.03.2020. The recommendation made by the school selection committee on 06.03.2020, was placed before the State Selection Board by the jurisdictional Inspector of Schools, vide communication, dated 12.03.2020. The State Selection Board, thereafter, in its meeting held on 26.11.2020, had recommended the name of the respondent No. 7, herein, by holding the appellant, herein, to be not eligible on account of his B.Ed.

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Degree not being so obtained from an institution recognized by the National Council for Teacher Education (NCTE). However, the decision of the State Selection Board as arrived at in its meeting held on 26.11.2020, on being placed before the Government; the Government had vide communication, dated 03.08.2020, required the State Selection Board to make a fresh reconsideration in the matter. Accordingly, after the required clarifications sought for by the State Selection Board in its meeting held on 12.12.2022, was obtained; a meeting of the State Selection Board was scheduled on 08.01.2024. However, it is seen that the State Selection Board in view of the pendency of the proceeding in WP(c)3066/2023, filed by the respondent No. 7, herein, had deferred a discussion in the matter till the final outcome of the said writ petition.

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11. Accordingly, it is seen that the State Selection Board has till date, had not arrived at a conclusion with regard to the proposal submitted by the school selection committee on 06.03.2022, which was forwarded to the State Selection Board by the jurisdictional Inspector of Schools, vide communication, dated 12.03.2020. The decision so arrived at by the State Selection Board in its meeting held on 26.11.2020, has already been interfered with by the Government and a fresh recommendation in the matter, was sought for vide communication, dated 03.08.2022. Accordingly, the contention of Mr. Deka, learned counsel for respondent No. 7, herein, that the matter is now required to be directed to be taken to its logical conclusion by taking into consideration, the recommendations of the State Selection Board, dated 26.11.2020, would not also mandate an acceptance.

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12. In view of the facts and circumstances noticed by us, hereinabove; we are of the considered view that the directions passed by the learned

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Single Judge vide order, dated 12.06.2024, in WP(c)3066/2023, is clearly unsustainable and accordingly, the same is hereby set aside.

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13. The order, dated 12.06.2024, having been set aside; we proceed to direct that the respondent authorities, more particularly, State Selection Board to consider the matter pertaining to recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath, afresh, and thereafter, submit a fresh recommendation in the matter.

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14. The Government on receipt of such fresh recommendation from the State Selection Board in the matter, shall consider the same and pass appropriate orders towards taking the recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath, to its logical conclusion.

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15. The exercise as now required to be carried-out in terms of the directions passed by this Court, hereinabove, shall be initiated and concluded by the respondents, herein, within a period of 2(two) months from the date of receipt of a certified copy of this order.

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16. With the above directions and observations, the instant writ appeal stands disposed of.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Gopal Kakaty v. the State of Assam and 6 Ors.

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Gopal Kakaty v. the State of Assam and 6 Ors.

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