High Court of Meghalaya
Date Of Order : 23.08.2024 vs The State Of Meghalaya on 23 August, 2024
Author: H.S.Thangkhiew
Bench: H.S.Thangkhiew
2024:MLHC:765
Serial No.30
Regular List
HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C). No. 241 of 2023
Date of Order : 23.08.2024
Smti. Anowara Begum.
...Petitioner
-Versus-
1. The State of Meghalaya, represented by
the Commissioner and Secretary to the
Government of Meghalaya, Education
Department, Shillong.
2. The Director of School Education & Literacy,
Meghalaya, Shillong.
3. The District School Education Officer,
North-Garo Hills, Resubelpara.
4. The School Managing Committee of
Resubelpara Girls Higher Secondary School,
Represented by its Secretary,
P.O- Resubelpara, District-North Garo
Hills, Meghalaya - 794108.
...Respondents
Coram:
Hon'ble Mr. Justice H.S.Thangkhiew, Chief Justice (Acting)
Appearance:
For the Petitioner/Applicant(s) : Mr. S.Islam, Adv.
Ms. M.Rahman, Adv.
For the Respondent(s) : Dr. P.Agarwal, GA for R 1-3.
Mr. A.A.Sangma, Adv. for R 4.
i) Whether approved for reporting in Yes/No
1
2024:MLHC:765
Law journals etc:
ii) Whether approved for publication Yes/No
in press:
JUDGMENT AND ORDER (ORAL)
1. The writ petitioner on being aggrieved with the non-approval of her
upgradation to the post of Assistant Headmistress in Resubelpara Girls
Higher Secondary School is before this Court praying for appropriate
orders to approve the resolution submitted by the Managing Committee of
Resubelpara Girls Higher Secondary School and consequently, for
quashing of the impugned letters whereby the approval was not granted.
2. Mr. S.Islam, learned counsel for the petitioner has submitted that the
petitioner is the senior-most Assistant Teacher of Resubelpara Girls Higher
Secondary School, North Garo Hills and was appointed as far back as on
1st November, 1992. It is further submitted that the Managing Committee
in its meeting held on 05-02-2023 promoted the petitioner to the post of
Assistant Headmistress and that since then, she has been discharging her
duties as such. However, he submits when the approval was sought from
the respondent No. 2, by the impugned letters dated 25-05-2023 and 21-
07-2023, the same was rejected. He contends that the rejection is
unjustified, inasmuch as, the grounds as given in the impugned letters that
the petitioner could not be considered as she does not possess the B.Ed
2024:MLHC:765
Degree is not applicable in her case. This he submits is because in the
conditions of service and qualification necessary, the School being a
Deficit School is governed by the amended Assam Aided and Higher
Secondary School Employees Rules, 1965, wherein the qualification
required is that a candidate shall hold at least five years' experience in
teaching, apart from other conditions, but B.Ed Degree is not mandatory
3. He further asserts that the executive orders issued by the respondent
No. 2, whereby it has been instructed that in Deficit Secondary Schools, a
candidate without B.Ed Degree be not recommended is not binding,
inasmuch as, this provision has not been inserted in the Rules. He therefore
submits that the writ petitioner being duly qualified as per the prevalent
Rules, is liable to be granted approval and appointed formally to the post
of Assistant Headmistress.
4. Dr. P.Agarwal, learned GA on behalf of the State respondents has
placed strong reliance on two letters, first, dated 25 th January, 2007 on the
subject of appointment as Assistant Teachers in Deficit Schools, wherein it
is given that all vacancies in the Deficit Secondary Schools should be filled
up by B.Ed Degree holders, and in the letter dated 19 th July, 2023 which
has also mandated that candidates without B.Ed Degree were not eligible
for appointment to the post of Assistant Teachers/Assistant Headmaster,
Headmaster in Deficit Secondary Schools. She therefore submits that in
2024:MLHC:765
view of the embargo created by these executive orders, notwithstanding the
fact that the Rules do not speak of the same, the writ petitioner is not
entitled to the prayers in the writ petition.
5. I have heard learned counsel for the parties and examined the
materials placed on record. It is noted that the petitioner has been
appointed as far back as in the year 1992 and has been serving in the said
School continuously, and in 2023 was recommended to the post of
Assistant Headmistress by the Managing Committee. The Rules as
applicable, it is noticed, do not speak of any added qualification
academically, apart from only requiring the teachers to have the qualifying
years of service. This Court however cannot also ignore the fact also that
since 2007, orders have been issued mandating the requirement of a B.Ed
Degree to occupy such a post. It is also noted that it is not disputed that the
Amended Assam Aided High and Higher Secondary Schools Employees
Rules, 1965 have been applied to the Schools receiving maintenance grants
or in short, aided Schools. Rule 5(2) thereof on the qualification of an
Assistant Headmistress is quoted herein below:
"5 Academic and other qualifications. -
(ii) Assistant Headmasters / Assistant
Headmistresses. A candidate shall hold at least 5
years' experience in teaching which may be
relaxed up to three years in exceptional cases of
outstanding academic career."
2024:MLHC:765
6. As observed earlier, the State respondents have issued Circulars or
letters on 15-01-2007 and 19-07-2023 mandating the requirement of B.Ed
Degree. Though it has not been argued by the learned counsel for the State
as to whether this direction necessarily have to be included in the Rules, or
whether in their application, can be said to supplement the same, this Court
at this juncture without further dwelling in the matter, in view of the
discussions made hereinabove, directs the respondent No. 2 to take an
appropriate decision in this regard keeping in mind the fact that the
petitioner was appointed since 1992 and is serving in the post of Assistant
Headmistress. The said decision should be rendered within a period of four
weeks after a copy of this order is presented before the State respondents.
7. With the above direction, matter stands closed and disposed of.
Chief Justice (Acting)
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