Page No.# 1/3 vs The State Of Assam And 2 Ors
2021 Latest Caselaw 1209 Gua

                                                                  Page No.# 1/3

GAHC010056912021




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

                          Case No. : WP(C)/2208/2021

         SAMARJIT CHANDA AND 2 ORS
         S/O- LT. KSHIRODE CHANDRA CHANDA, SCIENCE GRADUATE ASSTT.
         TEACHER, ANGLARBAZAR PUBLIC HIGH SCHOOL, BADARPUR, R/O-
         VILL. AND P.O. UMARPUR, P.S. BADARPUR, DIST.- KARIMGANJ, ASSAM,
         PIN- 788806

         2: SYED USUF ALI
          S/O- LT. ACHAD ALI
         ASSTT. TEACHER
          KACHARI MAHAL HIGH SCHOOL
          MADHUKUCHI
          R/O- VILL- ATHARA
          P.O. PUTHIMARI
          P.S. RANGIA
          DIST.- KAMRUP
         ASSAM
          PIN- 781380

         3: DINA NATH KALITA
          S/O- LT. BANGADHAR KALITA
         ASSTT. TEACHER
          DAGAON
          HIGH SCHOOL
          DAGAON
          R/O- VILL- SAJEI
          P.O. DAGAON
          P.S. BAIHATACHARIALI
          DIST.- KAMRUP
         ASSAM
          PIN- 781133
          PETITIONER NO. 1 HAS A COMMON ADDRESS OF CORRESPONDENCE C/O
         DINA NATH KALITA
         VILL- SAJEI
          P.O. DAGAON
                                                                                        Page No.# 2/3

             P.S. BAIHATACHARIALI
             DIST.- KAMRUP
             ASSAM
             PIN- 78113

             VERSUS

             THE STATE OF ASSAM AND 2 ORS
             REP. BY THE COMM. AND SECY., TO THE GOVT. OF ASSAM, DEPTT. OF
             SECONDARY EDUCATION, DISPUR, GHY, ASSAM, PIN- 781006

             2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
              DEPTT. OF SECONDARY EDUCATION
              DISPUR
              GHY
             ASSAM
              PIN- 781006

             3:THE DIRECTOR OF SECONDARY EDUCATION
             ASSAM
              KAHILIPARA
              GHY
             ASSAM
              PIN- 78101

Advocate for the Petitioner    : MR. A K DUTTA

Advocate for the Respondent : SC, SEC. EDU.




                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                             ORDER

26.03.2021

Heard Mr. B Purkayastha, learned counsel for the petitioner. Also heard Mr. KP Pathak, learned counsel for the Secondary Education Department, Government of Assam.

2. Clause 2(iv) of the Office Memorandum dated 18.02.2021 of the Secondary Education Department is assailed in this writ petition on the ground that the said clause provides that for the promotion/appointment to the post of Principal of the provincialised Higher Secondary School, Higher Page No.# 3/3

Secondary and Multipurpose School and Senior Secondary Schools in the State of Assam, the candidates must have atleast 17 years of teaching experience as Graduate Teacher in any provincialised Higher Secondary School, Higher Secondary and Multipurpose School and Senior Secondary Schools.

3. Mr. B Purkayastha, learned counsel for the petitioner refers to a Division Bench judgment of this Court dated 17.01.2019 in WP(C)No.6261/2017 wherein in paragraph 21, it has been provided that in Rule 12(2)(iii) of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 after the word Higher Secondary School/ Higher Secondary and Multipurpose School, the expression Graduate Teacher in any High School/High Madrassa School/Higher Secondary/Higher Secondary and Multipurpose School or in combination of such schools" would have to be read in.

4. Mr. KP Pathak, learned counsel for the Secondary Education Department prays for an adjournment to examine the matter.

5. List in the next week.

JUDGE

Comparing Assistant