Anowar Hussain and Anr. Vs the State of Assam and 10 Ors.

11:GAUTAM RAJBONGSHI PROMOTED TO SUBHA RAM HIGH SCHOOL ADDRESS OF RESPONDENT NOS. 5 TO 11 ARE OF OFFICE OF THE INSPECTOR OF SCHOOL BAKSA RESPONDENT NO. 4 P.O. MUSHALPUR DIST. BAKSA ASSA

¶29

Advocate for the Petitioner : MR. S Ali, MR K DAS

¶30

Advocate for the Respondent : SC, SEC. EDU., P HAZARIKA(R-6,7,8, 9, 10,11),MR P BHARDWAJ(R-6,7,8, 9, 10,11),T CHAKMA(R-6,7,8, 9,10, 11),FOR CAVEATOR,MR N ALAM,MR B B NARZARY,SC, BTC

¶31

Page No.# 3/23

¶32

Linked Case : WP(C)/1856/2024

¶33

KESHAB KALITA AND 6 ORS S/O- ANANDA RAM KALITA

¶34

IN-CHARGE HEADMASTER ANGARDHOWA HIGH SCHOOL

¶35

ANGARDHOWA R/O- VILL. DIHJARI NALBARI ASSAM PIN- 781369.

¶36

2: NARAYAN BASUMATARY S/O- HONGLA RAM BASUMATARY

¶37

ASSISTANT TEACHER CUM I/C HEADMASTER

¶38

CHAPAGURI KAKLABARI HIGH SCHOOL BAKSA R/O- VILL. HAZUWA NEW COLONY

¶39

NO. 1 KAKLABARI KOKILABARI FIRM JALAH BAKSA ASSAM- 781330.

¶40

3: GADADHAR DAS S/O- SRI PRASANA DAS

¶41

ASSISTANT TEACHER CUM I/C HEADMASTER

¶42

PRAGATI HIGH SCHOOL SONAPUR (DOOMNI) BAKSA ASSAM

¶43

R/O- P.O.- GANDHIPUR BHALUKMARI BAKSA

¶44

Page No.# 4/23

¶45

ASSAM PIN- 781327.

¶46

4: SURENDRA NATH BASUMATARY S/O- LATE DAUKHA BASUMATARY

¶47

IN-CHARGE HEADMASTER BARBARI NEHRU HIGH SCHOOL R/O- VILL. AND P.O.- DHANBIL DIST.- BAKSA ASSAM PIN- 781343. 5: HAREN KHERKATARY S/O- RATNESHWAR KHERKATARY IN-CHARGE HEADMASTER RUPAHI HIGH SCHOOL

¶48

R/O- VILL. MADHAPUR BARPETA ASSAM PIN- 781318.

¶49

6: KABIN CHANDRA BORO S/O- JONO RAM BORO

¶50

IN-CHARGE HEADMASTER OF UTTAR BETNA HIGH SCHOOL MAHARIPARA

¶51

R/O- CHIRAKHUNDI DEULKUCHI DIST.- KAMRUP PIN- 781354.

¶52

7: KEMCHAT BASUMATARY S/O- CHAMTHALA BASUMATARY IN-CHARGE HEADMASTER BARIMAKHA HIGH SCHOOL BARIMAKHA

¶53

Page No.# 5/23

¶54

VILL. AND P.O.- SILAKUTI DIST.- BAKSA ASSAM PIN- 781333. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY

¶55

TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION) BLOCK-C ASSAM CIVIL SECRETARIAT JANATA BHAWAN DISPUR GUWAHATI ASSAM PIN -781006. 2:THE SECRETARY TO THE BTC DEPARTMENT OF EDUCATION BTC KOKRAJHAR ASSAM. 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019. 4:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM. 5:THE INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE BAKSA MUSHALPUR ASSAM PIN- 781372. ------------

¶56

Page No.# 6/23

¶57

Advocate for : MR. A K DUTTA Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 4 ORS

¶58

Linked Case : WP(C)/1991/2024

¶59

MINATI DAS RAJBONGSHI AND 7 ORS W/O SRI. AMRIT CHANDTA RAJBONGSHI

¶60

R/O VILLAGE KHAGRABARI

¶61

P.O.KHAGRABARI P.S. BARBARI DISTRICT BAKSA ASSAM.

¶62

2: SRI. PRADIP KUMAR BARO S/O LATE LIBON CHANDRA BARO

¶63

R/O VILLAGE BARBARI

¶64

P.O. DHANBIL P.S. BARBARI

¶65

DISTRICT BAKSA ASSAM.

¶66

3: SRI. SUKUMAR BARMAN S/O LATE RABI CHANDRA BARMAN

¶67

R/O VILLAGE LACHIMATTARY

¶68

P.O. ANANDA BAZAR P.S. SALBARI

¶69

DISTRICT BAKSA ASSAM

¶70

4: SRI. LOHIT CHANDRA DAS S/O LATE RAMESH CHANDRA DAS

¶71

R/O VILLAGE SAUKUCHI

¶72

P.O. SAUKUCHI P.S. BARAMA

¶73

Page No.# 7/23

¶74

DISTRICT BAKSA ASSAM

¶75

5: SRI. SHIVA NATH DEKA S/O LATE BHABENDRA NATH DEKA R/O VILLAGE TAKURAKUCHI

¶76

P.O. BETBARI P.S. SIMLA DISTRICT BAKSA ASSAM

¶77

6: SRI. BIJEN SWARGIARY S/O SRI. BISTI SWARGIARY

¶78

R/O VILLAGE DAKSHIN BATABARI

¶79

P.O. JALAGAON P.S. SIMLA

¶80

DISTRICT BAKSA ASSAM

¶81

7: SRI. DILIP DAS S/O LATE MAHENDRA DAS

¶82

R/O VILLAGE CHARNA

¶83

P.O. CHARNA BAZAR P.S. SIMLA

¶84

DISTRICT BAKSA ASSAM

¶85

8: SRI. PULIN KALITA S/O LATE KHAGENDRA NATH KALITA

¶86

R/O VILLAGE BUNBARI

¶87

P.O. BUNBARI P.S. MUSHALPUR

¶88

DISTRICT BAKSA ASSAM VERSUS

¶89

THE STATE OF ASSAM AND 36 ORS

¶90

Page No.# 8/23

¶91

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM

¶92

DEPARTMENT OF SCHOOL EDUCATION

¶93

DISPUR GUWAHATI 06.

¶94

2:THE SECRETARY EDUCATION DEPARTMENT CUM CHAIRMAN OF DEPARTMENTAL PROMOTION COMMITTEE BODOLAND TERRITORIAL COUNCIL (B.T.C.) KOKRAJHAR.

¶95

3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL

¶96

KOKRAJHAR.

¶97

4:INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE MUSHALPUR

¶98

5:SECRETARY

¶99

FINANCE DEPARTMENT BODOLAND TERRITORIAL COUNCIL KOKRAJHAR.

¶100

6:THE STATE SELECTION BOARD THROUGH THE CHAIRMAN I.E. THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM (SECONDARY) EDUCATION DEPARTMENT DISPUR GUWAHATI 6 7:SRI. KAMAKHAYA KALITA HEADMASTER

¶101

Page No.# 9/23

¶102

SWAHID KHARGESWAR TALUKDAR HIGH SCHOOL.

¶103

8:SRI. LAKSHMI NANDAN RAJBONGSHI

¶104

HEADMASTER KALBARI HIGH SCHOOL 9:SRI. BANAMALI KAKATI HEADMASTER ULUBARI HIGH SCHOOL 10:SRI. KULEN CHANDRA NATH HEADMASTER BARTARI HIGH SCHOOL

¶105

11:SRI. APURBA SARMA HEADMASTER

¶106

GIRISH VIDYAPITH (SPL) HIGH SCHOOL.

¶107

12:SRI. RABEN RABHA HEADMASTER

¶108

KHATARBARI HIGH SCHOOL.

¶109

13:SRI. RANJIT BAISHYA HEADMASTER KHARUA MILAN HIGH SCHOOL.

¶110

14:SRI. RAJU BARMAN HEADMASTER SUNDARPUR HIGH SCHOOL.

¶111

15:. SRI. MAJAMMAL HOQUE HEADMASTER UTTAR GOBARDHANA HIGH SCHOOL.

¶112

16:SRI. BISWAJIT DAS HEADMASTER PUB KHARIJA BIJNI HIGH SCHOOL.

¶113

Page No.# 10/23

¶114

17:SRI. KARIM ALI HEADMASTER MANASHA MILAN HIGH SCHOOL. 18:SRI. KANDARPA KUMAR NATH HEADMASTER LAKHIMI HIGH SCHOOL. 19:SRI MANOJ KUMAR BARO HEADMASTER MADHYA HOWLY BODO MEDIUM HIGH SCHOOL 20:SRI GHANASHYAM DAS HEADMASTER MADHYA HOWLY HIGH SCHOOL 21:MD. TAZUDDIN AHMED HEADMASTER KAURBAHA NAVAMILAN HIGH SCHOOL 22:SRI AMULYA KUMAR DAS HEADMASTER SATI JAYMATI HIGH SCHOOL

¶115

23:SRI NAYAN MEDHI HEADMASTER BEBEJIPARA HIGH SCHOOL

¶116

24:SRI MARMESWAR BASUMATARY HEADMASTER GOLAGAON HIMACHAL HIGH SCHOOL

¶117

25:RABIN TALUKDAR HEADMASTER KOKLABARI GIRLS HIGH SCHOOL 26:SRI. JOGEN CHANDRA RAJBONGSHI

¶118

HEADMASTER HIGH BARKHOPA SCHOOL.

¶119

27:SRI. MAKAN BARMAN

¶120

Page No.# 11/23

¶121

HEADMASTER SINGIMARI HIGH SCHOOL GORESWAR.

¶122

28:SRI. BIPUL CHANDRA KALITA

¶123

HEADMASTER MADHYA BIJNI HIGH SCHOOL.

¶124

29:SRI. NARESWAR DAS HEADMASTER SANTI MANDIR HIGH SCHOOL.

¶125

30:SRI. DEBABRATA CHANDRA DAS

¶126

HEADMASTER

¶127

MAIRAJHAR BRAHMAMAYEE HIGH SCHOOL.

¶128

31:SRI. CHABIN GOYARY

¶129

HEADMASTER SILBARI HIGH SCHOOL

¶130

32:SRI. BINALI NARZARY

¶131

HEADMASTER JND MILAN HIGH SCHOOL.

¶132

33:SRI NRIPEN PATHAK HEADMASTER SRI SRI LAKSHMI HIGH SCHOOL UZIAR BAZARI

¶133

34:SRI CHIJEN GOYARI HEADMASTER HIMGIRI BODO MEDIUM HIGH SCHOOL

¶134

35:SRI SIRAJ ALI

¶135

Page No.# 12/23

¶136

HEADMASTER KUMARIKATA HIGH SCHOOL KUMARIKATA 36:SRI SANJAY KUMAR MEDHI HEADMASTER BARSIRAL HIGH SCHOOL

¶137

37:SRI MAINUL KHANDAKAR HEADMASTER LAKHIMI PATHER HIGH SCHOOL -----------Advocate for : MR. S K GOSWAMI Advocate for : SC BTC appearing for THE STATE OF ASSAM AND 36 ORS

¶138

Linked Case : WP(C)/2339/2024 ANANTA KUMAR ROY SON OF LATE RADHA KANTA ROY ASSISTANT HEADMASTER (RETIRED ON 31.03.2023) FROM JALAH HIGH SCHOOL P.O. JALAHGHAT IN THE DISTRICT OF BAKSA ASSAM PIN- 781327 VERSUS

¶139

THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006 2:THE SECRETARY EDUCATION DEPARTMENT - CUM - CHAIRMAN DEPARTMENTAL PROMOTION COMMITTEE BODOLAND TERRITORIAL COUNCIL (BTC) KOKRAJHAR

¶140

Page No.# 13/23

¶141

P.O. AND DISTRICT- KOKRAJHAR ASSAM PIN- 783370 3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR P.O. AND DISTRICT- KOKRAJHAR ASSAM PIN- 783370 4:THE INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE (BDC) MUSHALPUR P.O. AND DISTRICT- MUSHALPUR ASSAM PIN- 781372

¶142

5:SHRI APURBA SARMA

¶143

PROMOTED TO THE POST OF HEAD MASTER AT GIRISH VIDYAPITH SPL. HIGH SCHOOL

¶144

6:RANJIT BAISHYA

¶145

PROMOTED TO THE POST OF HEAD MASTER AT KHARUA MILON HIGH SCHOOL

¶146

7:RAJU BARMAN

¶147

PROMOTED TO THE POST OF HEAD MASTER AT SUNDARPUR HIGH SCHOOL

¶148

8:KARIM ALI

¶149

PROMOTED TO THE POST OF HEAD MASTER AT LAKHIMPUR HIGH SCHOOL

¶150

9:PRADIP NATH

¶151

PROMOTED TO THE POST OF HEAD MASTER AT BHASKARJYOTI GIRLS HIGH SCHOOL

¶152

10:KANDARPA HUJURI

¶153

PROMOTED TO THE POST OF HEAD MASTER AT KHAGRABARI ARUNODOI H.S.

¶154

11:GAUTAM RAJBONGSHI

¶155

PROMOTED TO THE POST OF HEAD MASTER AT SUBHA RAM HIGH SCHOOL ADDRESSES OF RESPONDENT NOS. 5 TO 11 ARE OF OFFICE OF THE INSPECTOR OF SCHOOL BAKSA

¶156

Page No.# 14/23

¶157

RESPONDENT NO.4 P.O. MUSHALPUR DISTRICT- BAKSA ASSAM PIN-----------Advocate for : MR. S Ali Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 10 ORS

¶158

Linked Case : WP(C)/1736/2024

¶159

MRIGENDRA NATH KALITA AND ANR IN-CHARGE HEADMASTER GIRISH VIDYAPITH SPL. HIGH SCHOOL S/O- LATE KHAGENDRA NATH KALITA R/O- VILL.- DALAJANI P.O. ANANDA BAZAR DIST. BAKSA ASSAM 2: RUBUL RAY CHAUDHURY SENIOR MOST GRADUATE TEACHER GIRISH VIDYAPITH SPL. HIGH SCHOOL S/O- LATE GOLOK RAY CHAUDHURY R/O- VILL. AND P.O. DIRUA DIST. BAKSA ASSAM/ VERSUS

¶160

THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-781006. 2:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR P.O. AND DIST. KOKRAJHAR ASSAM PIN- 783370.

¶161

3:THE SECRETARY EDUCATION DEPARTMENT CUM CHAIRMAN

¶162

Page No.# 15/23

¶163

DEPARTMENTAL SELECTION COMMITTEE B.T.C. KOKRAJHAR ASSAM PIN- 783370. 4:THE INSPECTOR OF SCHOOLS

¶164

BAKSA DISTRICT CIRCLE MUSHALPUR P.O. AND DIST. MUSHALPUR ASSAM PIN- 781372. 5:APURBA SARMA PROMOTED TO GIRISH VIDYAPITH SPL. HIGH SCHOOL

¶165

6:RANJIT BAISHYA PROMOTED TO KHARUA MILON HIGH SCHOOL. 7:RAJU BARMAN PROMOTED TO SUNDARPUR HIGH SCHOOL.

¶166

8:KARIM ALI PROMOTED TO LAKHIMPUR HIGH SCHOOL.

¶167

9:PRADIP NATH PROMOTED TO BHASKARJYOTI GIRLS HIGH SCHOOL.

¶168

10:KANDARPA HUJURI PROMOTED TO KHAGRABARI ARUNODOI H.S.

¶169

11:GAUTAM RAJBONGSHI PROMOTED TO SUBHA RAM HIGH SCHOOL ADDRESS OF RESPONDENT NOS. 5 TO 11 ARE OF OFFICE OF THE INSPECTOR OF SCHOOL BAKSA RESPONDENT NO. 4 P.O. MUSHALPUR DIST. BAKSA ASSAM -----------Advocate for : MR. S Ali Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 10 ORS

¶170

Page No.# 16/23

¶171

B E F O R E

¶172

Hon’ble MR. JUSTICE SANJAY KUMAR MEDHI

¶173

JUDGMENT & ORDER

¶174

Advocates for the petitioners : Shri S. Ali, Advocate Shri B. Purkayastha, Advocate Shri S.K. Goswami, Advocate

¶175

Advocates for the respondents : Shri S. Bora, SC, BTC. Shri B.B. Narzary, Senior Counsel assisted by S. Chouhan, Ms. K. Devi, Shri J. Kalita, Shri P.K. Das.

¶176

Date of hearing : 12.06.2025 Date of judgment : 12.06.2025

¶177

Considering the subject matter involved and the stand of the BTC made in the affidavit filed in one of the writ petition namely, WP(C)/1735/2024, all these writ petitions are taken up for disposal at the admission stage itself. The same pertains to selection and appointment of the post of Headmasters in provincialised High Schools in the district of Baksa.

¶178

To state in brief, the petitioners who in total are 20 in numbers in all these 5 (five) petitions are aggrieved by the selection and appointment of the private respondents in a recruitment exercise conducted by the authorities. The primary

¶179

Page No.# 17/23

¶180

ground of challenge is violation of the Rules in question namely, the Assam Secondary Education (Provincialised Schools) Service Rules, 2018. It is contended that Rule 14 of the said Rules laid down the procedure for recruitment of Headmaster / Superintendent and the selection and appointment have been made in gross violation of the said procedure. On the other hand, the stand of the respondent authorities is that there is substantial compliance of the Rules and the most suitable candidates were appointed.

¶181

I have heard Shri S. Ali, learned counsel for the petitioner in WP(C)/1735/2024, WP(C)/1736/2024 and WP(C)/2339/2024; Shri B. Purkayastha, learned counsel for the petitioner in WP(C)/1856/2024 and Shri S.K. Goswami, learned counsel for the petitioner in WP(C)/1991/2024. I have also heard Shri S. Bora, learned Standing Counsel, BTC; Shri B.B. Narzary, learned Senior Counsel assisted by S. Chouhan, learned counsel for the respondent no. 5 in WP(C)/1735/2024, WP(C)/1736/2024 and WP(C)/2339/2024 and as respondent no. 11 in WP(C)/1991/2024; Ms. K. Devi, learned counsel appearing for the respondent nos. 18, 35 and 36 in WP(C)/1991/2024, Shri J. Kalita, learned counsel for the respondent nos. 22, 23 and 25 in WP(C)/1991/2024 and Shri P.K. Das, learned counsel appearing for the respondent nos. 24, 26 to 34 in WP(C)/1991/2024. Shri Bora, the learned Standing Counsel has clarified that in this bunch of cases, affidavit-in-opposition has been filed in WP(C)/1735/2024 which would cover all the cases. He has also submitted that part of the records is also available with him which however do not contain the note sheets.

¶182

The learned counsel for the petitioners has drawn the attention of this

¶183

Page No.# 18/23

¶184

Court to Section 14 of the aforesaid Rules and has contended that the selection has to be done on the basis of seniority. Attention of this Court have been drawn to the Gradation List to establish that the petitioners are senior to the private respondents and therefore, they ought to have been selected and appointed unless compelling circumstances existed which also are required to be recorded by the authorities which have not been done. It is submitted that the selection has been done based on the whims and caprices of the authorities in gross violation of the Rules.

¶185

The learned counsel for the petitioners have referred to the affidavit-inopposition filed by the BTC which has been mentioned above wherein the Minutes of the Meeting of the Departmental Promotion Committee dated 04.03.2024 has been annexed. It is submitted that the said Minutes has only recorded the eligibility criteria and no reasons have been cited as to how the selection was made or that the rigors of Rule 14 were followed in a strict manner. The learned counsel accordingly submits that the writ petitions be allowed and the petitioners be given the benefit of selection and appointment on the basis of the seniority and in accordance with the Rules holding the field.

¶186

Per contra, Shri Bora, the learned Standing Counsel has submitted that the Departmental Promotion Committee in its meeting dated 04.03.2024 had deliberated the matter and thereafter had made the selection. He has submitted that the members are experts and opinions rendered by experts may not be interfered by this Court as the same are within the dominion of the said body. He has also submitted that Rules have been substantially complied with.

¶187

Page No.# 19/23

¶188

The learned counsel for the private respondents have endorsed the submission of the learned Standing Counsel, BTC and has contended that and the selection was done in a fair manner. They have further submitted that the private respondents cannot be put at fault as there is no allegation that they do not fulfill the eligibility criteria

¶189

The rival submissions have been duly considered and the materials placed before this Court have been carefully examined.

¶190

Rule 14 of the Rules of 2018 lay down the procedure for recruitment to the post of Headmaster / superintendent. For ready reference, the said Rule is extracted herein below:

¶191

” 14. Recruitment to the post of Head Master/ Superintendent and procedure thereof:-

¶192

(1) The post of Headmaster of a High School and Superintendent of a High Madrassa shall be filled up by promotion from the candidates amongst the Graduate Teachers as per District-wise seniority list on the recommendation of the District Selection Committee constituted under Rule 16(2). The selection of Headmaster and Superintendent shall be based upon seniority and satisfactory Annual Confidential Report for last 3 consecutive years as per procedure provider under sub-rule (3): Provided that the seniority of the Graduate Teacher shall be determined from the date of receiving Graduate scale of pay by the respective Assistant Teacher .”

¶193

(2) Eligibility for the post of Headmaster/ Superintendent in High School/High Madrassa as the case may be shall be as follows:-

¶194

(a) He must be B.A/B.Sc/B.Com with B.T/B.Ed degree from

¶195

Page No.# 20/23

¶196

any recognized University. In respect of Hindi Teacher having degree qualification, the Hindi 'Parangat' and Nishanar' shall be considered instead of B.T/B.Ed

¶197

(b) He must have at least 10 years of teaching experience as Graduate Teacher:

¶198

Provided that the Graduate teacher shall include the cadre of Assistant Headmaster for the purpose of selection to the post of Headmaster and the seniority of the Assistant Headmaster shall be counted from the date of joining as Graduate Teacher with graduate scale of pay:

¶199

Provided further that in case of amalgamated High School where ME/MV school has been amalgamated, the Assistant Headmaster is eligible for selection as Head- master subject to the condition that the incumbent should have at least 15 years of teaching experience as graduate teacher including the period of service in the erstwhile ME/MV School

¶200

(3) (i) Before the end of the year the Inspector of Schools shall make an assessment of the number of vacancies to be occurred in the cadres of Headmaster/ Superintendent and to be filled up by promotion in the next year;

¶201

(ii) The Inspector of Schools shall call particulars in the prescribed format of the eligible candidates/teachers for filling up of the vacancies through promotion. The Member- Secretary shall hold the process of the applications and submit them to the District Selection Committee;

¶202

(iii) The District Selection Committee shall hold interview category wise and prepare a panel of select list double the number of vacancies of the concerned district;

¶203

(iv) The select list so prepared by the District Selection Committee shall

¶204

Page No.# 21/23

¶205

be submitted to the State Selection Board, The State Selection Board after necessary verification as may be required, shall prepare a district- wise select list equal to the number of vacancies and publish the same in the office notice Board or in such other places as the Director may consider fit and proper;

¶206

(v) After publication of the select list, the Appointing Authority shall issue promotion order from the approved select list;

¶207

(vi) The validity of the select list shall not exceed beyond one year from the date of its publication by the Director.”

¶208

The Rule, in clear terms has laid down that the said post would be filled up by promotion from Graduate Teachers on a district wise seniority list on the recommendation of the Selection Committee and the selection of Headmaster and Superintendent shall be based upon the seniority and satisfactory Annual Confidential Report for last 3 (three) consecutive years. The proviso to the aforesaid Rules has also clarified that the seniority of Graduate Teachers would be reckoned from the date of receiving graduate scale of pay by the respective Assistant Teachers.

¶209

The learned Standing Counsel has contended that Rule 14 (3) is also to be taken into consideration. While such contention may be correct, the criteria is laid down in 14 (1) and Rules 14 (3) is only the procedure to be followed as well as the eligibility conditions including as to how the nos. of vacancies are to be assessed and the particulars of the candidates to be taken into consideration.

¶210

It is not in dispute that the criteria for such promotion is the seniority and satisfactory Annual Confidential Report.

¶211

Page No.# 22/23

¶212

In all the writ petitions, there is a clear averment that the petitioners are senior to the private respondents in the Gradation List of the district in question, namely, Baksa. So far as WP(C)/1735/2024 is concerned where the affidavit-inopposition has been filed, such statement has been made in paragraph 21. However, the said averments which forms the fulcrum of the present dispute has not been denied at all. Rather, in paragraph 6 of the said affidavit-inopposition, the following statement has been made.

¶213

“That as regard to the statements made in paragraph 19, 20 and 21 of the writ petition answering deponent begs to offer no comment.”

¶214

Since the stand of the decision making authorities which is on record has not disputed the very basis of the present challenge and the records placed before this Court would prima facie show that the petitioners are placed above the private respondents, this Court is of the opinion that a case for interference is made out.

¶215

However, considering that only 20 nos. of petitioners are before this Court, it is directed that the cases of the petitioner be re-considered in terms of their seniority and the procedure laid down in the aforesaid Rule 14 and if they are found to be senior to any persons who have been selected, such persons have to give way to the petitioners to make their appointments. It is further clarified that since the Select List pertains to the entire Baksa district, the displacement has to be done from the bottom of the list of the selected candidates.

¶216

Page No.# 23/23

¶217

The aforesaid exercise be conducted within a period of 2 (two) months

¶218

from today.

¶219

Writ petition accordingly stands disposed of.

¶220

JUDGE

¶221

Comparing Assistant

Anowar Hussain and Anr. v. the State of Assam and 10 Ors.

Case brief

What is this about?

What did the court decide?

Anowar Hussain and Anr. v. the State of Assam and 10 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

The Nikhil Bishnupriya Manipuri Mahasabha Vs the State of Assam and Ors.

Raunak Hussain Vs Narayan Konwar and 2 Ors.

Minnatulla Mazumder Vs the State of Assam and 3 Ors.

Asomi Gogoi Vs Narayan Konwar and Anr.

Keshab Kalita and 6 Ors. Vs the State of Assam and 4 Ors.

Mrigendra Nath Kalita and Anr. Vs the State of Assam and 10 Ors.