Md. Khalil Rahman vs The State Of Assam And 4 Ors
2022 Latest Caselaw 5034 Gua

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GAHC010039072021




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

                          Case No. : WP(C)/1382/2021

         MD. KHALIL RAHMAN
         S/O- MD. KADIR RAHMAN, R/O- JAGIROAD TOWN, P.O. AND P.S.
         JAGIROAD, DIST.- MORIGAON (ASSAM), PIN- 782410



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF
         SECONDARY EDUCATION, DISPUR, GHY-06

         2:THE DIRECTOR OF SECONDARY EDUCATION
          KAHILIPARA
          GHY-19

         3:THE INSPECTOR OF SCHOOLS
          MORIGAON DISTRICT CIRCLE
          MORIGAON
          DIST.- MORIGAON
          PIN- 782410

         4:THE STATE SELECTION BOARD
          REP. BY ITS CHAIRMAN/THE COMMISSIONER AND SECY. TO THE GOVT.
         OF ASSAM
          DEPTT. OF SECONDARY EDUCATION
          DISPUR
          GHY-06

         5:RIVA DEKA
         THE HEADMISTRESS IN-CHARGE
          SAHID LAKHI DEKA SECONDARY SCHOOL
          P.O. JAGIROAD
          DIST.- MORIGAON
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              PIN- 78241

Advocate for the Petitioner    : MR. U K GOSWAMI

Advocate for the Respondent : SC, SEC. EDU.

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

19/12/2022

Heard Mr. U K Goswami, learned counsel for the petitioner. Also heard Mr. R Mazumdar, learned Standing counsel, Secondary Education Department for the respondent Nos. 1 to 4 and Mr. A Deka, learned counsel for the private respondent No. 5.

Matter relates to appointment of regular Headmaster in Sahid Lakhi Deka Secondary School, Morigaon.

By an order dated 20.02.2021, the respondent No. 5 was promoted to the post of Headmaster against the existing sanctioned vacant post in the said Sahid Lakhi Deka Secondary School, Morigaon after approval of the Government in the Secondary Education Department of the State vide letter dated 19.02.2021.

During the deliberation of the matter, the official respondents in its affidavit filed on 16.12.2022 on records stated that the advertisement for the post of Headmaster of Sahid Lakhi Deka Secondary School, Morigaon was issued in the year 2018 and the selection/interview for the post of Headmaster of said Sahid Lakhi Deka Secondary School, Morigaon was held on 04.01.2019 and that the name of the respondent No. 5, Smt. Riva Deka on being recommended by the School Selection Committee and forwarded by the Inspector of Schools, Morigaon, the State Selection Board recommended her name for the post of Headmaster of the said Sahid Lakhi Deka Secondary School, Morigaon and thereafter, in pursuance of the approval of the State Government in the Secondary Education Department vide letter No. ASE.455/2020/70 dated 19.02.2021, the Director of Secondary Education, Assam by order dated 20.02.2021 promoted the said respondent No. 5 to the existing vacant sanctioned post of Headmaster in said Sahid Lakhi Deka Secondary School, Morigaon.

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In the said affidavit filed on 16.12.2022, the official respondents clarified that the petitioner was deputed for his B.Ed. training for a period of two years for the session of 2017 to 2019 and he obtained his B.Ed. Degree on 22.11.2019 and that at the time of the advertisement and interview on the basis of which the respondent No. 5 was selected and promoted, he was not eligible for the post of Headmaster of a provincialised Secondary School as he did not have the requisite B.Ed. Degree up to 21.11.2019, whereas interview for the said post was already held on 04.01.2019 much prior to 22.11.2019.

The petitioner has not challenged the said advertisement of 2018 and the selection held on 04.01.2019 for the regular post of Headmaster in said Sahid Lakhi Deka Secondary School, Morigaon.

Though, the petitioner has placed the judgment in the case of Samnur Ali & Others Vs. State of Assam & Others reported in 2017 (3) GLT 560 regarding requirement for preparation of gradation list reflecting the seniority of the teachers in a secondary school in terms of the Assam Secondary Education (Provincialisation) Services Rules, 2003 as amended, but in the case in hand, the petitioner was not eligible on the date when the advertisement was issued for the post of Headmaster of said Sahid Lakhi Deka Secondary School, Morigaon as well as on the date of interview and as such, the judgment cited by the petitioner will not come to his rescue.

Accordingly, this writ petition, being devoid of merit, stands dismissed.

JUDGE

Comparing Assistant