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2012 Supreme(Gau) 125

A.K.GOEL, A.C.UPADHYAY
Sri Kanak Chandra Nath, Son of Late Nagendra Chandra Nath, Village Kalitapara, P. O. Bhulukadaba, District – Barpeta, Assam. – Appellant
Versus
State of Assam, Represented by the Secretary to the Government of Assam, Department of Education (Secondary), Dispur, Guwahati-6. – Respondent


Advocates Appeared:
By Advocates:Mr. S. K. Talukdar, Advocate, Mr. A. VErma, Advocate.
By Advocates: Mr. A. Deka, SC, Education. Mr. K. Das, SC, BTC.

A.K. Goel, CJ.;—

1. This order will dispose of WP(C) Nos.71 of 2012, 73 of 2012, 765 of 2011 and 5566 of 2011 as it is stated by learned counsel for the parties that all the petitions involve common question of law.

2. WP(C) No.765 of 2011 has been filed by the Association of Teachers in Secondary Schools and High Schools in the State of Assam raising a grievance about the requirement of possession of BT/Bed degree for promotion to the post of Headmaster, under Rule 14(4)(i) of the Assam Secondary Education (Provincialised) Service Rules, 2003 (2003 Rules).

3. By the advertisement dated 2.11.2010 (Annexure-C to the writ petition) applications were invited from eligible candidates for posts of Principals, Vice Principals, Headmasters/ Superintendents and Assistant Headmasters/Assistant Superintendents as per qualifications laid down therein and the 2003 Rules. Issue raised in the writ petitions is limited only to the promotion to the post of Headmasters governed by Rule 14.

4. The Assam Secondary Education (Provincialisation) Act, 1977, regulates conditions for recruitment for appointment of teachers in High and Higher Secondary Schools read with 2003 Rules. Rule 14(2) deals with promot







































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