Abdul Aziz Ahmed vs The State Of Assam And 5 Ors
2021 Latest Caselaw 2080 Gua

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GAHC010098172021




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

                           Case No. : WP(C)/3208/2021

         ABDUL AZIZ AHMED
         S/O. LT. KASEM ALI, VILL. CHANDMAMA PATHER, P.O. CHANDMAMA,
         DIST. BARPETA, ASSAM, PIN-781332.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
         (SECTION) DEPTT., DISPUR, GUWAHATI-06.

         2:THE DIRECTOR OF SECONDARY EDUCATION

          ASSAM
          KAHILIPARA
          GUWAHATI-19.

         3:THE INSPECTOR OF SCHOOLS

          BARPETA DISTRICT CIRCLE
          BARPETA
          P.O. AND DIST. BARPETA
          PIN-781335.

         4:THE STATE SELECTION BOARD (FOR SELECTION OF PRINCIPAL OF
         HIGHER SECONDARY SCHOOLS)

         REP. BY THE CHAIRMAN CUM COMM. AND SECY. TO THE GOVT. OF
         ASSAM
         EDUCATION (SECONDARY) DEPTT.
         DISPUR
         GUWAHATI-06.
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            5:THE SCHOOL SELECTION COMMITTEE OF ABBAS ALI CHOUDHURY
            MEMORIAL H.S. SCHOOL

            REP. BY THE CHAIRMAN CUM PRESIDENT OF THE SCHOOL MANAGING
            COMMITTEE
            P.O. BALAGAON
            DIST. BARPETA
            ASSAM
            PIN-781319.

            6:RAFIK AHMED
             S/O. ISMAIL HUSSAIN
            VILL. RAJAKHAL
             P.O. CHAPERBARI
             P.S. AND DIST. BARPETA
            ASSAM
             PIN-781352

Advocate for the Petitioner   : MR H R A CHOUDHURY

Advocate for the Respondent : SC, SEC. EDU.




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                          ORDER

06.09.2021

Mr. KN Choudhury, learned senior counsel for the respondent No.5 seeks for a week's time to file the affidavit-in-opposition.

Prayer is allowed.

We have taken note of that the order dated 26.07.2021 in WP(C)No.3208/2021 was passed setting aside the appointment of the respondent No.6 as the Principal of Abbas Ali Choudhury Memorial Higher Secondary School Barpeta on an agreement between the parties to set aside the order dated 17.06.2021 by which respondent No.6 was appointed as the Page No.# 3/4

Principal of the school concerned.

The said order proceeded on the premises that in the communication dated 17.06.2021 of the Director of Secondary Education Assam addressed to the Commissioner and Secretary to the Government of Assam in the Secondary Education Department it was provided that after checking the list of documents submitted by the Member Secretary of the School Selection Committee it was found that the petitioner Abdul Aziz Ahmed had submitted an experience certificate, but the school selection committee did not award the marks in the experience column. From the communication of the Director, Secondary Education Assam a prima facie satisfaction was arrived that the stand of the SMDC of the Abbas Ali Choudhury Memorial Higher Secondary School that the petitioner had not submitted the necessary documents to show his experience of 17 years as a graduate teacher appears to be an incorrect view. The SMDC inspite of being served through dasti method had not appeared on the next date fixed.

The respondent No.6 who is the effected party agreed in the circumstance that inspite of an interim order staying his appointment, the entire appointment be set aside and the matter be remanded back to the School Selection Committee. The SMDC being the respondent No.5 had instituted a writ appeal being WA No.184/2021 and had taken a stand that the judgment and order dated 26.07.2021 was passed in their absence and there was some observation against the SMDC. Prima facie we find that there is no observation against the SMDC, but what was taken note of at paragraph 10 of the said judgment the communication dated 07.06.2019 is that the Director indicated that the petitioner Abdul Aziz Ahmed had submitted the experience certificate, but the School Selection Committee did not award him the marks. In fact, that was an Page No.# 4/4

observation by the Director of Secondary Education Assam and not an observation of the Court.

Be that as it may, as the matter is again before us on being remanded back, we require the respondent No.5 to file the affidavit on the next returnable date.

As we are continuing with the stay of the appointment of the respondent No.6 and that the petitioner would retire on 03.02.2022, we deem it appropriate that the matter requires an early adjudication.

List again on 14.09.2021. As a prima facie satisfaction was arrived in favour of the writ petitioner and considering the balance of convenience and irreparable loss that the petitioner may suffer, the order of appointment of respondent No.6 be not given its effect till the next date fixed.

The respondent No.5 School Selection Committee to also produce the records in original, before us, in order to verify as to whether appropriate materials were submitted by the petitioner to substantiate his claim of experience of 17 years as a graduate teacher.

JUDGE

Comparing Assistant