Pranita Kalita vs The State Of Assam And 4 Ors
2022 Latest Caselaw 485 Gua

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GAHC010015372022




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

                          Case No. : WP(C)/811/2022

         PRANITA KALITA
         W/O- GAMBHIR CHANDRA DEKA, R/O- VILL.AND P.O. BEZERA, P.S.
         BAIHATA CHARIALI, KAMRUP RURAL, PIN- 781121, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-6,
         ASSAM

         2:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-19
          KAMRUP(M)
         ASSAM

         3:THE JOINT DIRECTOR

          SECONDARY EDUCATION
          ASSAM
          KAHILIPARA
          GUWAHATI-19
          DIST.- KAMRUP(M)
          ASSAM

         4:THE INSPECTOR OF SCHOOLS
          KDC
         AMINGAON
          PIN- 781031
          KAMRUP (RURAL)
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             ASSAM

            5:DEBENDRA NATH DEKA
            ASSISTANT TEACHER
             BEZERA HIGHER SECONDARY SCHOOL
             P.O. BEZERA
             DIST.- KAMRUP(R)
            ASSAM
             PIN- 781121

Advocate for the Petitioner   : MR. A SARMA

Advocate for the Respondent : SC, EDU




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                        ORDER

11.02.2022

Heard Mr. A Sarma, learned counsel for the petitioner. Also heard Mr. R Majumdar, learned counsel for the respondents No.1, 2, 3 and 4 being the authorities in the Secondary Education Department, Government of Assam.

Issue notice, returnable by six weeks.

Extra copies of the writ petition be served on the learned counsel for the respondents as indicated above within three days.

Petitioner to take steps for service of notice upon the respondent No.5 by registered post with A/D within three days.

For the purpose of being the In-charge Principal of Bezera Higher Secondary School Kamrup, there was a dispute between the petitioner Pranita Kalita and the respondent No.5 Debendra Nath Deka as to who between the two would be suitable for being the In-charge Principal. The said dispute resulted in Page No.# 3/4

WP(C)No.1613/2021 which was given a final consideration by the judgment dated 02.08.2021.

In paragraph 10 of the judgment dated 02.08.2021 there was a requirement on the part of the Director of Secondary Education Assam to pass a reasoned order as to who between the petitioner and the respondent No.5 Debendra Nath Deka would be the appropriate person for being the In-charge Principal of Bezera Higher Secondary School. Further there was also a requirement on the part of the Director to determine the acceptability of the MA degree of the respondent No.5 Debendra Nath Deka as well as the seniority as regards the writ petitioner Pranita Kalita. In the consequential order dated 02.09.2021, the Director of Secondary Education Assam arrives at a categorical finding that the MA degree of respondent No.5 Debendra Nath Deka would be unacceptable. If it is so, there is a question mark on the eligibility of Debendra Nath Deka for being the In-charge Principal of the school. But, however, the Director instead of deciding as to who between the two would be the appropriate person to be the In-charge Principal had allowed the respondent No.5 Debendra Nath Deka to discharge the academic functions of the office of the Principal of Bezera Higher Secondary School by merely providing that there is a discrepancy in the seniority of the writ petitioner.

The question of seniority between the petitioner and the respondent No.5 would have arisen had Debendra Nath Deka been eligible for being the In- charge Principal. As there is a categorical conclusion that he does not have the necessary qualification as well as his MA degree is unacceptable, there cannot remain any further situation for the Director to also determine the seniority between the petitioner and the respondent No.5 and by keeping the question open refuse to consider the claim of the petitioner Pranita Kalita for being the Page No.# 4/4

In-charge Principal.

Accordingly, the order of the Inspector of Schools Kamrup District Circle dated 03.09.2021 allowing the respondent No.5 to look after the academic affairs of the Bezera Higher Secondary School is stayed until further orders.

The Director of Secondary Education Assam would be at liberty to pass any appropriate order as regards who should be the In-charge Principal of the School, in question, by taking note of all the attending facts and circumstances as indicated above.

List after six weeks.

JUDGE

Comparing Assistant