Md Abed Ali vs The State Of Assam And 3 Ors
2021 Latest Caselaw 2359 Gua

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GAHC010153262021




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

                               Case No. : WP(C)/4983/2021

            MD ABED ALI
            S/O NURAL ALI, R/O VILL. HABLABHA, P.O. KHATIKUCHI, DIST. NALBARI,
            PIN 781369, DIST. ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY COMMISSIONER AND SECY. TO GOVT. OF ASSAM,
            SECONDARY EDUCATION DEPTT., DISPUR, GUWAHATI 6

            2:THE DIRECTOR OF SECONDARY EDUCATION

             ASSAM
             KAHILIPARA
             GUWAHATI 19

            3:THE INSPECTOR OF SCHOOLS
             NALBARI DIST. CIRCLE
             NALBARI
            ASSAM.

            4:THE PRINCIPAL
             PASCHIM BANBHAG HIGHER SECONDARY SCHOOL
             P.O. KHATIKUCHI
             DIST. NALBARI
            ASSAM
             PIN 78136

Advocate for the Petitioner   : MS. A TALUKDAR

Advocate for the Respondent : SC, SEC. EDU.
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                                BEFORE
           HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                   JUDGMENT

Date : 29-09-2021

Heard Mr. A. Talukdar, learned counsel for the petitioner. Also heard Mr. R. Mazumder, learned counsel for the respondents.

2. The petitioner was appointed as a subject teacher in Logic and Philosophy in the Paschim Banbhag Higher Secondary School on 29.12.2010. The appointment was made on honorary basis inasmuch as, there is no sanctioned post of Logic and Philosophy in the school at that relevant point of time.

3. It is taken note that the school concerned has students in the subject Logic and Philosophy and the petitioner is discharging duty as a subject teacher and attending the need of the students in the required manner. The past events of Paschim Banbhag Higher Secondary School would go to show that earlier there was a sanctioned post for a subject teacher in History but subsequently by the letter No. B(3) S-352/99/44 dated 13.07.2000 of the Director of Secondary Education, the said post was converted as the third post in the subject Assamese. It is stated that considering the number of students etc. there was no requirement of a third post of Assamese in the school concerned and the post which was converted as the third post in the subject Assamese is lying unutilized and vacant at present. On the other hand there was no vacant post of Logic and Philosophy in the school concerned where the petitioner is working and also considering the number of students who opt for the subject Logic and Philosophy there is a requirement for a sanctioned post in the subject Logic and Philosophy.

4. In the circumstance, the Principal of Paschim Banbhag Higher Secondary Page No.# 3/4

School submitted a proposal vide memo No. PBHSS/DSE/2019/863 dated 25.06.2019 before the Director of Secondary Education, Assam clearly stating the aforesaid aspect. The proposal also mentions that the third post in the subject Assamese is a vacant post and is presently unutilized and further there is a requirement for the post in the subject Logic and Philosophy. The proposal submitted by the Principal on 25.06.2019 was forwarded by the Joint Director of Secondary Education, Assam to the Commissioner & Secretary to the Govt. of Assam by the communication dated 07.02.2020 for conversion of the unutilized third post in the subject Assamese to that of the subject Logic and Philosophy. But before the said proposal could be placed before the Commissioner & Secretary, the Under Secretary by his communication dated 5.06.2020 sent it back to the Director by expressing the view that the proposal of the Director for conversion of the post appears to be confusing and therefore, requires a detailed comprehensive proposal to be accompanied with all relevant supporting documents.

5. As already noted, the proposal of the Director dated 07.02.2020 forwarded the earlier proposal of the Principal dated 25.06.2019 which itself is clear and unambiguous and not indicative on any confusion.

6. From the aforesaid aspect, we do not understand in what manner the Under Secretary was confused in not sending the proposal to the Commissioner & Secretary as required by the Director.

7. In the circumstance, we direct the Under Secretary to the Govt. of Assam in the Secondary Education Department to place the proposal of the Principal dated 25.06.2019 forwarded by the Director on 07.02.2020 before the Commissioner & Secretary to the Govt. of Assam in the Secondary Education Department. It is stated that at present the post of Commissioner & Secretary is Page No.# 4/4

vacant and therefore, the requirement of placing the proposal to be done before the Principal Secretary to the Govt. of Assam in the Secondary Education Department. The Principal Secretary upon considering the proposal shall pass a reasoned order thereof. If the reasoned order to be passed by the Principal Secretary would be in favour of conversion to the subject Logic and Philosophy, the authorities shall thereafter examine the aspect as to whether the petitioner is entitled under the law for being regularized against such converted post. If the order goes either against the conversion or against regularizing the petitioner, reasoned order thereof be passed.

8. The requirements be done within a period of three months from the date of receipt of the certified copy of the order.

9. Writ petition stands disposed of.

JUDGE

Comparing Assistant