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2004 Supreme(Gau) 639
IN THE HIGH COURT OF GAUHATI (AGARTALA BENCH)
Biplab Kumar Sharma and A.B. Pal, JJ.
Bidyut Kanti Choudhury - Appellants
Vs.
State of Tripura and Ors. - Respondent
Writ Appeal No. 5 of 2002
Decided On: 20.12.2004
For Appellant/Petitioner/Plaintiff: K.N. Bhattacharjee, R. Debnath and S. Chakraborty, Advs.
For Respondents/Defendant: S. Chakraborty, U.B. Saha and A. Das, Advs.
The main legal point established in the judgment is the need for promotional opportunities in one's service career and the requirement to treat teachers of non-Government schools receiving 100 percent grants-in-aid from the Government at par with the teachers of Government schools in the matter of promotion.
Headnote:
Promotion - Assistant Headmaster - Notification No. F.2(12-11)-DSE/80, Recruitment Rules for The Post of Assistant Headmaster/Assistant Headmistress, Higher Secondary School Under the Education Department of the Government of Tripura - The court discussed the legality and validity of the procedure adopted by the respondents towards filling up the post of Assistant Headmaster. The court emphasized the need for promotion in one's service career and held that the teachers of the non-Government schools receiving 100 percent grants-in-aid from the Government must be treated at par with the teachers of other Government schools in the matter of promotion. The court also highlighted the violation of Articles 14 and 16 of the Constitution of India in denying promotional opportunities to the teachers of non-Government schools.
Fact of the Case:
The appellant, a qualified teacher, challenged the procedure adopted by the respondents towards filling up the post of Assistant Headmaster, emphasizing his entitlement to be considered for promotion as per the relevant notification. The respondents argued that the appellant was estopped from making a challenge to the selection process due to his participation in the selection.
Finding of the Court:
The court held that the appellant was not estopped from challenging the selection process and emphasized the need for promotional opportunities for career advancement. The court set aside the dismissal of the writ petition and directed the respondents to provide promotional avenues to the appellant and other teachers of non-Government schools receiving 100 percent grants-in-aid from the Government at par with the teachers of Government schools.
Issues: The issues involved the legality and validity of the procedure adopted by the respondents towards filling up the post of Assistant Headmaster, the applicability of the relevant notification, and the denial of promotional opportunities to the teachers of non-Government schools.
Ratio Decidendi: The court emphasized the need for promotional opportunities in one's service career, highlighted the violation of Articles 14 and 16 of the Constitution of India in denying promotional opportunities to the teachers of non-Government schools, and directed the respondents to provide promotional avenues to the appellant and other teachers of non-Government schools receiving 100 percent grants-in-aid from the Government at par with the teachers of Government schools.
Final Decision: The writ appeal was allowed, the impugned order was set aside and quashed, and the respondents were directed to provide promotional avenues to the appellant and other teachers of non-Government schools receiving 100 percent grants-in-aid from the Government at par with the teachers of Government schools.
B.K. Sharma, J.
1. This writ appeal is directed against the order dated 12.12.01 passed in W.P(c) No. 206/01 by which the writ petition filed by the present appellant was dismissed.
2. The facts are in a narrow campus. It is the legality and validity of the procedure adopted by the respondents towards filling up the post of Assistant Headmaster, which was put to challenge by the petitioner/appellant. The writ petition was dismissed primarily on the grounds that the petitioner was estopped from making a challenge to the selection conducted for the purpose in view of his participation in the selection process.
3. The appellant is a qualified teacher having his degree of B.A. (Hon) and B.Ed. The school in which the appellant has been working is a Class XII level school with 100 percent Govt. grants-in-aid. The service of the petitioner is a provincialised one and the scale of pay with other allowances paid to the petitioner/appellant alongwith other teachers are at par with those of the teachers in the Govt. schools. The name of the school in which the appellant has been serving is "Fatikroy Class-XII School".
4. As Assistant teacher of the school, the petitioner/appellant can aspire for his future advancement in service career as Assistant Headmaster and Headmaster. It is the case of the appellant that if promotional scope is not afforded to the petitioner/appellant and other such incumbents, same will totally obliterate the advancement in the service career of an employee. The appellant/petitioner entered his service way back in 1968 and at the time of filing of the writ petition he had completed about 33 years of service without any promotion.
5. According to the petitioner he being the senior most teacher in the school was entitled to be considered for promotion as Assistant Headmaster as the other teacher namely Sri Kripesh Ranjan Deb who was the only qualified teacher to be appointed as Assistant Headmaster/Headmaster was to retire with effect from 30.4.01 on attaining the age of superannuation.
6. A notification dated 15.7.2000 was issued by the Secretary of the School Management Committee inviting applications for the post of Assistant Headmaster. Copy of the notification was endorsed to the Director of School Education, Govt. of Tripura and to the other authorities. By the said notification applications were invited for filling up the post of Assistant Headmaster by direct recruitment. The petitioner offered his candidature and appeared in the selection. However, later on he withdrew his candidature and to that effect he submitted a letter dated 6.4.01 to the Secretary of the School Management Committee making a request not to consider his case for appointment as Assistant Headmaster as a Direct recruit since he was entitled to be considered for such appointment by way of promotion. Placing reliance on the notification dated 6.4.1982 by which the method of recruitment and qualifications necessary for appointment to the post of Assistant Headmaster/Assistant Headmistress of the Higher Secondary School under the Education Department, Govt. of Tripura was laid down, it is the case of the petitioner that as per the said notification he is entitled to be considered for such appointment. The said notification and the relevant clauses are quoted below:
No. F.2(12-11)-DSE/80
Government of Tripura
Education Department
(School Education)
Dated Agartala, the 6th April, 1982
NOTIFICATION
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Tripura, in consultation with the Tripura Public Service Commission is pleased to make rules in the Schedule hereto annexed regarding the method of recruitment and qualifications necessary for appointment to the post of Assistant Headmaster/Assistant Headmistress, Higher Secondary School under the Education Department of the Government of Tripura.
This supersedes this Department's Notification No. F.25(1)/E/70(HC) dated 7th October, 1970. By ord
