Gajendra Nath Kalita Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

Gajendra Nath Kalita Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for appointment as In-Charge Principal not acceded to; writ petition disposed of with liberty to respondent authorities to fill up the post of Principal of Anchalik Senior Secondary College, Bongaon, Bajali strictly in accordance with the relevant Rules and Acts, considering all eligible teachers including the petitioner; till regular appointment, the authorities may consider appointing the petitioner as In-Charge Principal by following the relevant Rules and Acts.

Issue for consideration

Whether respondent No. 5, a tutor junior to the petitioner, was eligible to hold the post of In-Charge Principal of Anchalik Senior Secondary School, Bongaon (District Bajali), and whether the Inspector of Schools' order dated 28.03.2024 allowing her to hold that post was illegal and liable to be set aside and quashed. +1 more

Court's answer

Given the respondent authorities' categorical findings that the petitioner is qualified and eligible to be appointed In-Charge Principal and that respondent No. 5 was erroneously allowed to hold the post, and that the In-Charge Principalship is now held by the Inspector of Schools, Barpeta, no live issue survives, the challenge being essentially to respondent No. 5's appointment as In-Charge Principal.

Ratio / Principle

It would not be appropriate to direct the respondent authorities to appoint anyone as In-Charge Principal; rather, the respondents are to be directed to fill up the post of Principal on a regular basis in accordance with the applicable rules.

Key takeaways

While not acceding to the petitioner's prayer for appointment as In-Charge Principal, the writ petition is disposed of by granting the respondent authorities liberty to fill up the post of Principal strictly in accordance with the relevant Rules and Acts, and in the event they decide to fill up the post, all eligible teachers including the petitioner shall be considered.ratio¶13
Till such regular appointment is made, the respondent authorities may consider appointing the petitioner as In-Charge Principal of Anchalik Senior Secondary College, Bongaon, Bajali by following the relevant Rules and Acts.ratio¶14

Detailed headnote1 paragraphs

Gauhati High Court (Kardak Ete, J.), Order dated 03-04-2025 in WP(C)/1863/2024 - Writ petition disposed of. The petitioner challenged the Inspector of Schools, Barpeta District Circle order dated 28.03.2024 whereby respondent No. 5, a tutor junior to the petitioner, was allowed to hold In-Charge Principal of Anchalik Senior Secondary School/College, Bongaon, District Bajali. The petitioner, appointed lecturer in Education in 1998 and provincialised as PGT (Education)/teacher (Sl. No. 5) under the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 with master degree acquired before provincialisation, claimed to be the seniormost teacher entitled to hold In-Charge Principal, whereas respondent No. 5 (PGT History/tutor, Sl. No. 6) acquired her master degree only in 2023 after provincialisation. By the time of the order, the respondent authorities (affidavit-in-opposition of respondent No. 2) had themselves found the petitioner eligible and seniormost and respondent No. 5's appointment erroneous; respondent No. 5 had ceased holding the post following this Court's direction dated 03.04.2024, and the In-Charge Principalship was being held by the Inspector of Schools, Barpeta. Finding no live issue to survive, the Court declined to direct appointment of anyone as In-Charge Principal and instead granted liberty to fill up the post of Principal on a regular basis strictly in accordance with the relevant Rules and Acts, with all eligible teachers including the petitioner to be considered; till such regular appointment, the authorities may consider appointing the petitioner as In-Charge Principal following the relevant Rules and Acts.

Procedural history

How this case reached the court

AI extract

Order under challenge
Order of the Inspector of Schools, Barpeta District Circle, Barpeta dated 28.03.2024 allowing respondent No. 5 to hold In-Charge Principal of Anchalik Senior Secondary School, Bongaon, District Bajali (date internally inconsistent with para 7 which cites 28.02.2024)¶2
Inspector of Schools, Barpeta District Circle, Barpeta · 28.03.2024
Prior proceeding
Petitioner appointed as lecturer in Education in Anchalik College (Junior), Bongaon vide order dated 01.09.1998 issued by the Governing Body of the said College¶3
Prior proceeding
The Junior College provincialised in 2021 as Anchalik Senior Secondary College, Bongaon, Bajali; services of teaching and non-teaching staff provincialised on 01.01.2021¶3
Prior proceeding
Director of Secondary Education, Assam order dated 04.02.2021 on seniority/eligibility: petitioner at Sl. No. 5 as PGT (Education) provincialised as teacher (joining 09.03.1998), respondent No. 5 at Sl. No. 6 as PGT (History) provincialised as tutor (joining 01.11.1993)¶4
Prior proceeding
Petitioner apprehending respondent No. 5's appointment filed representation dated 06.03.2024 with respondent authorities praying to be allowed to hold In-Charge Principal, claiming to serve as teacher under the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017¶6
Prior proceeding
Per affidavit-in-opposition of respondent No. 2, respondent authorities found the petitioner eligible and seniormost with requisite qualification, and the appointment of respondent No. 5 as In-Charge Principal erroneous¶9
Prior proceeding
Pursuant to this Court's direction vide order dated 03.04.2024, respondent authorities reviewed the matter pursuant to which respondent No. 5 ceased to hold the post of In-Charge Principal¶10
Prior proceeding
Respondent No. 5 conceded she is no longer holding the post of In-Charge Principal of Anchalik Senior Secondary College, Bongaon¶10
Prior proceeding
At the time of the order, the In-Charge Principal of the school was being held by the Inspector of Schools, Barpeta¶11