Niren Sarma vs The State Of Assam And Anr
2021 Latest Caselaw 1239 Gua

                                                                  Page No.# 1/3

GAHC010007102014




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

                             Case No. : WP(C)/1377/2014

          NIREN SARMA
          TECHNICIAN, DISTRICT INSTITUTE OF EDUCATION and TRAINING DIET,
          JORHAT AT TITABOR

          VERSUS

          THE STATE OF ASSAM AND ANR
          REPRESENTED BY THE COMMISSIONER AND SECRETARY, EDUCATION
          ELE DEPARTMENT, DISPUR, GHY-6

            2:THE STATE COUNCIL OF EDUCATION
             RESEARCH and TRAINING SCERT
             REPRESENTED BY ITS DIRECTOR
             KAHILIPARA
             GHY-1
Advocate for the Petitioner : MS.P SAHA
Advocate for the Respondent : MR.R K TALUKDAR

          Linked Case : WP(C)/69/2018

          NIREN SARMA
          TECHNICIAN
          DISTRICT INSTITUTE OF EDUCATION AND TRAINING (DIET)
          JORHAT
          TITABOR
          PIN 785

          VERSUS

          THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY
          EDUCATION (ELEMENTARY) DEPARTMENT
          DISPUR
          GUWAHATI-781006
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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
EDUCAION (ELEMENTARY) DEPARTMENT
 DISPUR
 GUWAHATI-781006

 3:THE STATE COUNCIL OF EDUCATION RESEARCH AND TRAINING
(SCERT).
REPRESENTED BY ITS DIRECTOR
 KAHILIPARA
 GUWAHATI-781019

4:THE DIRECTOR
STATE COUNCIL OF EDUCATION RESEARCH AND TRAINING (SCERT)
KAHILIPARA
GUWAHATI-781019
------------
Advocate for : MR. B K BHATTACHARJEE
Advocate for : SC
ELEMENTARY EDUCATION appearing for THE STATE OF ASSAM

Linked Case : Cont.Cas(C)/4/2018

NIREN SARMA
TECHNICIAN
DISTRICT INSTITUTE OF EDUCATION AND TRAINING (DIET)
JORHAT
TITABOR

VERSUS

PRITAM SAIKIA
COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
EDUCATION ELEMENTARY DEPARTMENT
DISPUR
GUWAHATI- 06

2:NIRODA DEVI
DIRECTOR
 SCERT
 KAHILIPARA
 GUWAHATI-19
 ------------
Advocate for : MR. B K BHATTACHARJEE
Advocate for : SC
 ELEMENTARY EDUCATION appearing for PRITAM SAIKIA
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                                   BEFORE
              HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                          O R D E R

30.03.2021

Heard Mr. BK Bhattacharjee, learned counsel for the petitioner, Mr. B Choudhury, learned counsel for the respondent SCERT, Mr. A Phukan, learned counsel for the respondent No.1 and Mr. N Konwar, learned counsel for the respondent APSC.

Mr. BK Bhatacharjee, learned counsel for the petitioner raises an issue that the petitioners who were technicians in the respondent DIET under the SCERT, were denied the promotion on the plea that they do not meet the prescribed eligibility criteria. The learned counsel for the petitioner refers to an earlier judgment of this Court dated 03.03.2011 in WP(C) No.333/2006, wherein it is provided that the eligibility criteria of the petitioner would be governed by the criteria that were in place when the vacancies for which the promotions are sought for had arisen or at least when the process ought to have been initially started. It is the contention of the learned counsel for the petitioner that the respondents are relying on some other criteria which were put in place subsequently to deny the promotion to the petitioner.

Mr. B Choudhury, learned counsel for the SCERT seeks for an adjournment to examine the matter and to point out to the Court as to what was the criteria that was prevailing when the vacancies for which the promotion is sought for had arisen or at least when the process for promotion to such vacancies ought to have been started by the authorities.

List the matter in the next week.

JUDGE

Comparing Assistant