Back
IN THE HIGH COURT OF GAUHATI
Tinlianthang Vaiphei, J.
Mina Ram Kumar - Appellant
Vs.
State of Assam - Respondent
WP (C) No. 4516, 5101, 5543 of 2013 and Misc. Case No. 2575 of 2013
Decided On: 21.03.2014
Assam Secondary Education (Provincialized) Service Rules, 2003 – Rules 2, 14 – Promotion – In this batch of three writ petitions, three graduate teachers are challenging the legality of the order issued by the Director of Secondary Education, Government of Assam promoting the private respondent (Smt. Archana Medhi) to the post of regular Headmistress of Dora Kahara High School – Held, Case is one where the graduate teachers of M.E. School cannot be segregated from the graduate teachers of High Schools once their services have been amalgamated, more so, when they have the same pay scale, have the same qualification and were recruited by the same process of selection. – Neither is there any condition in the amalgamation order that the past services of Graduate teachers of M.E. Schools after amalgamation would be wiped out. – In the view that Court have taken, there is no merit in the contention of the learned counsel for the petitioner that the private respondent cannot be treated as a Graduate teacher within the term "Graduate Teacher" referred to in Rule 2(n) of the Rules of 2003 and cannot, therefore, count her previous services as a Graduate teacher of M.E. School. – Coming now to question as to whether there was proper selection of the post of Headmaster of Dora Kahara high School by the State Selection Board in terms of the advertisement in the light of my findings that the petitioner is not eligible for the post of Headmistress, it becomes clear that she has no locus standi to question the appointment of the private respondent as in the previous case i.e. WP(C) No. 4516/13. – Therefore, this issue has become redundant and need not be decided on the principle that Courts do not decide more than what is necessary. – The result of the foregoing discussion is that there is no merit in any of the writ petitions, which are liable to be dismissed, which Court hereby do. – Petition Dismissed
Tinlianthang Vaiphei, J.
1. In this batch of three writ petitions, three graduate teachers are challenging the legality of the order dated 6.8.2013 issued by the Director of Secondary Education, Government of Assam promoting the private respondent (Smt. Archana Medhi) to the post of regular Headmistress of Dora Kahara High School. In WP(C) No. 4516 of 2013, the petitioner (Mr. Mina Ram Kumar) is a graduate in Arts but does not possess B.T. or B. Ed. Degree and was initially appointed as Assistant Teacher of Dora Kohora High School on 12.12.1979, and has been serving in the graduate cadre since then. The post of Headmaster of the school of this school became vacant on 30.11.2001 on the retirement of the incumbent Headmaster on attaining the age of superannuatioa The petitioner was allowed to hold the charge of the post of Headmaster on 22.4.2010 in terms of the order issued by the Inspector of Schools, K.D.C., Kamrup and had been serving in that capacity till the impugned order was issued. In WP(C) No. 5101 of 2013, the petitioner (Mrs. Durga Moni Borgohain) is having the qualifications of B.A., M.A. (Sanskrit) and B. Ed. Degrees and was initially appointed as Graduate Assistant Teacher of Sajei Girls' High School on 19.4.1993. By the order dated30.12.2004, she was transferred and posted to Dora Kahara High School on 30.12.2004, which she joined on 1.1.2005. She was confirmed to her post in 2010. In WP(C) No. 5543 of 2013, the Petitioner (Mr. Madan Mohan Kalita) is having B. Sc., M. Sc. and B. Ed degrees. He was initially appointed as Assistant Teacher of Pub Kaurbaha High School on 12.2.1995. After resigning from this post, he was appointed as Assistant Teacher in the graduate cadre of Dora Kohora High School on 27.7.2004, and has since then been continuously working there.
2. In WP (C) No. 4516 of 2013, it is the case of the petitioner that the respondent No. 5 (hereinafter called "private respondent" hereafter for easy reference in all the writ petitions) was initially appointed as Assistant Teacher of Borka M.E. School, but was transferred to Dora Kohora M.E. School on 25.8.1998. Both Borka M.E. School and Dora Kohora M.E. School were amalgamated on 30.3.2006. According to the petitioner, the private respondent entered the graduate cadre only on 30.3.2006 when the two schools got amalgamated. The Director of Secondary Education, Assam (respondent 2) after some time issued the advertisement dated 2.11.2010 in various newspapers including the daily Assam Tribune dated 4.11.2012 inviting applications from eligible candidates for the post of Headmaster/Headmistress of High School and High Madrassa by declaring that such posts were to be filled up in accordance with the provisions of the Assam Secondary Education (Provincialized) Service Rules, 2003 ("the Rules of 2003"). Though interview was held on the basis of the said advertisement, none of the teachers from Dora Kahara High School was selected as none of them qualified for the post under the provisions of the Rules. The petitioner (Mina Ram Kumar) in the meantime filed WP(C) No. 2027 of 2012 challenging the vires of Rules of 2003. On the motion day on 10.4.2012, when the Additional Advocate General submitted that in view of the challenge made before this Court, no fresh process under the impugned Rules was contemplated.
3. It is also the case of the petitioner that the respondent No. 2 again issued another advertisement dated 20.9.2012 seeking applications from eligible candidates for the post of Headmaster, etc. for those schools where the posts had not been filled up in terms of the advertisement dated 2.11.2010 in which the last date for submitting the applications was fixed as 10.10.2012. The said advertisement also stated that the posts were to be filled up in accordance with the Rules. As none of the teachers in their school were qualified for the post under the Rules, the petitioner declined to challenge the advertisement dated 20.9.2012 at that point of time. I
SupremeToday
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
