Sah Alom vs The State Of Assam And 3 Ors
2022 Latest Caselaw 4316 Gua

                                                            Page No.# 1/5

GAHC010214472022




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

                          Case No. : WP(C)/6841/2022

         SAH ALOM
         S/O- LATE SUBHAN ALI,
         R/O- VILL. BONGAON,
         P.O.- BONOGRAM,
         DIST.- NALBARI, ASSAM,
         PIN- 781303.



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF
         ASSAM,
         EDUCATION (SECONDARY) DEPARTMENT,
         DISPUR, GUWAHATI- 781006.

         2:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI- 781019.

         3:THE INSPECTOR OF SCHOOLS
          NALBARI DISTRICT CIRCLE
          NALBARI
          P.O. AND DIST.- NALBARI

         ASSAM
         PIN- 781335.

         4:ABDUL MAZID
          S/O- LATE MUSLIM ALI

         R/O- VILL.- BILLESWAR
                                                                                         Page No.# 2/5


              P.O.- BELSOR

              DIST.- NALBARI
              ASSAM

              PIN- 781304

Advocate for the Petitioner       : MR. I H SAIKIA

Advocate for the Respondent : SC, SEC. EDU.




                                                BEFORE
                     HON'BLE MR. JUSTICE MANASH RANJAN PATHAK


                                                ORDER

07-11-2022

Heard Mr. I. H. Saikia, learned counsel for the petitioner and Mr. S. M. T. Chistie, learned Standing counsel, Secondary Education Department for the respondent Nos. 1, 2 & 3.

The petitioner was serving as an Assistant Teacher in Milan High Madrassa, Barkhetri, Borni in the district of Nalbari since 01.09.1992.

Pursuant to the approval of the State Government under No. ASE.86/ 2013/Pt-II/301 dated 25.07.2013, the Director of Secondary Education, Assam by its order No. PC/Sec/93/2013/37 dated 17.08.2013 provincialised said Milan High Madrassa under the provisions of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 as amended w.e.f. 01.01.2013 during the force of the said 2011 Act.

Pursuant to the same, service of the petitioner as an Assistant Teacher of said Milan High Madrassa was also provincialised. Later, said Milan High Madrassa has been renamed as Milan High School.

The petitioner as a regular candidate obtained his B.Ed. degree in the year 2020 from the District Institute of Education and Training, Mirza under the Gauhati University.

To maintain a proper Pupil Teacher Ratio (PTR) in Nalbari District, pursuant to an order of the Page No.# 3/5

Inspector of Schools, Nalbari District Circle, Nalbari, dated 11.08.2022, service of the petitioner as an Assistant Teacher has now been attached with DPB Milan High School of Nalbari District in a temporary arrangement.

In the meanwhile, on attaining the age of superannuation, the regular Headmaster of said Milan High School retired from service on 31.07.2022, as such, the Director of the Secondary Education, Assam by order No. GB.EST/ Apptt/FP/14/2018/254 dated 07.10.2022 allowed the respondent No. 4 Abdul Mazid, an Assistant Teacher of said Milan High School to be the Headmaster in-charge of said High School along with financial power to draw and disburse the salary etc. of the staff of the school in addition to his normal duties as an Assistant Teacher under F.R. 49(C).

Being aggrieved with the same, the petitioner has preferred this writ petition contending that the said respondent No. 4 does not have requisite qualification of B.T./B.Ed. degree to hold the charge of Headmaster of a provincialised High School as provided under the Assam Secondary Education, (Provincialised School) Service Rules, 2018, which is in force.

Rule 14 (2) of the Assam Secondary Education, (Provincialised School) Service Rules, 2018, specifies the eligibility criteria for the post of Headmaster of a provincialised school which reads as follows:-

"Eligibility for the post of Head master/Superintendent in High School/High Madrassa as the case may be shall be as follows:

(a) He must be B.A./B.Sc./B.Com. with B.T./B.Ed. degree from any recognised University. In respect of Hindi Teacher having degree qualification, the Hindi 'Parangat' and 'Nishanat' shall be considered instead of B.T./B.Ed.

(b) He must have at least 10 years of teaching experience as Graduate Teacher.

Provided that the Graduate teacher shall include the cadre of Assistant Headmaster for the purpose of selection to the post of Head master and the seniority of the Assistant Head master shall be counted from the date of joining as Graduate Teacher with Graduate Scale of Pay.

Provided further that in case of amalgamated High School where ME/MV School has been amalgamated, the Assistant Headmaster is eligible for selection as Headmaster subject to the condition that the incumbent should have at least 15 years of teaching experience as Graduate Teacher including the period of service in the erstwhile ME/MV School."

Page No.# 4/5

Pursuant to the order dated 31.10.2022, Mr. Chistie, learned Standing counsel, Secondary Education Department placed before the Court a copy of the instruction under No. GB-

EST/DSE/CC/198/2022/11 dated 05.11.2022 issued by the Director of Secondary Education, Assam.

On the basis of the said instructions of the Director of Secondary Education Assam dated 05.11.2022 Mr. Chistie, learned Standing counsel, Secondary Education Department submits that as the service of the petitioner has been provincialised w.e.f. 01.01.2013, he has not completed the required 10 years of service as a Graduate Teacher to become eligible for the post of Head Master of any provincialised school of the State under the said 2018 Rules, though he obtained B.Ed. degree in the year 2020.

It is also submitted by Mr. Chistie, learned Standing counsel, Secondary Education Department that the respondent No. 4 though does not have B.T./B.Ed. degree but he obtained Graduate Scale of Pay since 05.12.1992 much prior to the petitioner, completed 10 years as a Graduate Teacher (obtaining Graduate Scale) and that he is senior to the petitioner in service in said Milan High School.

It is seen that as on date neither the petitioner nor the respondent No. 4 have the requisite eligibility criteria to be the Head Master of a provincialised High School of the State under the said 2018 Rules. However, the Director of Secondary Education, Assam by the impugned order dated 07.10.2022 made a temporary arrangement and until further order, allowed the respondent No. 4 to hold the charge of Head Master of said Milan High School in addition to his normal duties as an Assistant Teacher under F.R. 49(C) for smooth functioning of the said school and to draw and disburse the salary etc. of the teaching and non-teaching staff of the said Milan High School.

On instructions, Mr. Chistie, learned Standing counsel, Secondary Education Department further submitted that the petitioner is presently serving in DPB Milan High School, District-Nalbari so as to maintain the Pupil Teacher Ratio, being attached to the said high school in terms of the order of the Inspector of Schools, Nalbari District Circle, Nalbari dated 11.08.2022.

The Court have considered the judgment and order dated 02.01.2007 passed earlier in the case of Jagannath Pegu Vs. State of Assam and others reported in 2007 (3) GLT 389 as well as the order dated 27.05.2020 passed in the case of Harsha Mohan Sarma Vs. State of Assam and others annexed to this petition.

The Court found that the Director of Secondary Education Assam by the impugned order dated 07.10.2022 made a temporary arrangement and until further order allowed the respondent No. 4, to be the Head Master in-charge of Milan High School, Barkhetri, Barni, Nalbari under FR 49 (C) in Page No.# 5/5

addition to his normal duties as the Assistant Teacher of the said the said High School until further order.

The Court have also considered the fact that the petitioner though obtained B.Ed. degree but yet to fulfill the eligibility criteria of 10 years of service as a Graduate Teacher serving in the Graduate Scale of Pay.

As such, this Court is not inclined to interfere with the impugned order No. GB.EST/Apptt/IP/14/2018/254 dated 07.10.2022 issued by the Director of Secondary Education, Assam at this stage.

However, it is made clear that on attaining the eligibility of 10 years of obtaining of Graduate Scale of Pay by the petitioner in Government service as a Assistant Teacher and on attaining the requisite eligibility in terms of the Rule 14(2) of the said 2018 Rules, he may approach the Director of Secondary Education, Assam by filing an appropriate application obtaining necessary acknowledgment from the said authority praying for consideration of his case for Headmaster in-charge of said Milan High School, Barkhetri, Barni, Nalbari, if in the meanwhile, the post of regular Headmaster of the said High School is not filled up under the relevant Service Rules in force.

In the event of filing such application by the petitioner, the Director of Secondary Education, Assam shall consider the same and shall pass an appropriate order within a period of ninety days from the date of receipt of such application from the petitioner, after giving an opportunity of hearing to both the petitioner as well as the respondent No.4.

With the above observation and direction, this writ petition stands disposed of.

Copy of the instruction dated 05.11.2022 of the Director of Secondary Education, Assam placed before the Court today by Mr. S. M. T. Chistie, learned Standing counsel, Secondary Education Department, be kept as a part of the record.

JUDGE

Comparing Assistant