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2022 Supreme(Gau) 87
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ACHINTYA MALLA BUJOR BARUA, J.
Abdul Aziz Ahmed S/o Late Kasem Ali – Petitioner
Versus
Preetam Saikia and Others – Respondents
Cont. Cas. (C) No. 466 of 2021
Decided On : 22-02-2022
Advocate Appeared:
For the Petitioner: Mr. H.R.A. Choudhury.
For the Respondent: Mr. B. Chakravarty.
Point of Law: Matter, a third party to the dispute, it be the School Selection Committee cannot form a final opinion on its own on the legality and acceptability of such degree.
Headnote:
Assam Secondary Education (Provincialisation) Services Rules, 2003 - Rule 13 (2) - Post of Principal - Selection process - WP(C)/3208/2021 was instituted on allegation that in a selection process for post of Principal of Memorial Higher Secondary School, as per re-advertisement dated one of applicant namely was given 18 marks out of 30 in criteria experience - On other hand, no mark was given to petitioner for criteria experience as graduate teacher and experience as in-charge Principal - On other hand, instituted WP(C)/7535/2019 on grievance that although he was the number one selected candidate as per selection of School Selection Committee, such recommendation as candidate number one had not been accepted by State Selection Board - Whether petitioner was entitled to certain marks for the criteria experience, there was also an order by Director of the Secondary Education dated that was entitled to marks towards experience as graduate teacher and as In-Charge Principal.
Finding of the Court: Court have also taken note of provisions of Rule 13 of Rules of 2010 that it is prerogative of School Selection Committee to prepare a panel of three candidates based upon qualities such as leadership skills, administrative ability, integrity and commanding personality and it is not prerogative of School Selection Committee to select appropriate candidate - Under the Rule 13, it is State Selection Board which would make selection for post of Principal - From such point of view provisions of this order would also be consistent with provisions of Rule 13 which requires a State Selection Board to take a decision as indicated above - Although Court are prima facie of view that respondents contemnor Abdul Latif had not acted in a manner as required by orders of Court, prefer to not to further continue with this contempt petition and is of view that consequential orders passed as indicated above would meet ends of justice.
Result: Contempt petition stands closed
JUDGMENT :
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Mr. H.R.A. Choudhury, learned senior counsel for the petitioner, Mr. R. Mazumdar, learned counsel for the respondents Contemnors No. 1 and 2 being the Commissioner and Secretary to the Government of Assam in the Secondary Education Department and the Director of Secondary Education, Assam as well as Mr. S.N. Sarma, learned senior counsel for the respondent contemnor No. 3 Abdul Latif, who is the President-cum-Chairman of the School Selection Committee of Abbas Ali Choudhury Memorial Higher Secondary School.
2. This contempt petition is instituted for a wilful and deliberate violation of the order of this Court dated 09.11.2021 in W.P. (C) No. 3208/2021.
3. W.P. (C) No. 3208/2021 was instituted by Abdul Aziz Ahmed on the allegation that in a selection process for the post of Principal of Abbas Ali Choudhury Memorial Higher Secondary School, Barpeta as per the re-advertisement dated 04.03.1990, one of the applicant namely Rafik Ahmed was given 18 marks out of 30 in the criteria experience. On the other hand, no mark was given to the petitioner Abdul Aziz Ahmed for the criteria experience as graduate teacher and experience as in-charge Principal.
4. On the other hand, Rafik Ahmed had instituted W.P. (C) No. 7535/2019 on the grievance that although he was the number one selected candidate as per the selection of the School Selection Committee, such recommendation as the candidate number one had not been accepted by State Selection Board.
5. Against the issue as regards whether the petitioner Abdul Aziz Ahmed was entitled to certain marks for the criteria experience, there was also an order by the Director of the Secondary Education, Assam dated 07.06.2019 that Abdul Aziz Ahmed was entitled to the marks towards the experience as graduate teacher and as In-Charge-Principal. But without taking note of the order of the Director dated 07.06.2019, the School Selection Committee had not sent the correct list of panel of candidates and instead sent a list of three candidates namely Rafik Ahmed, Dheren Chandra Ghosh and Lal Mahmud. Accordingly, an opinion was formed in the order dated 09.11.2021 in W.P. (C) No. 3208/2021 that the decision of the State Selection Board to appoint Rafik Ahmed as the regular Principal of the school concerned would be vitiated. Accordingly, a direction was issued that the School Selection Committee shall send a penal of three names by incorporating the marks in respect of the petitioner Abdul Aziz Ahmed by taking note of the order of the Director dated 07.06.2019.
6. We have taken note that in the order dated 09.11.2021 the order of the Director is recorded to be 10.09.2019 whereas the correct date ought to be 07.06.2019.
7. Against the order dated 09.11.2021 in W.P. (C) No. 3208/2021, writ appeals were instituted by Rafik Ahmed being W.A. No. 350/2021 and by the School Selection Committee of Abbas Ali Choudhury Memorial Higher Secondary School being W.A. No. 340/2021 wherein by the order dated 10.01.2022, it was held that no anomaly can be found in the order dated 09.11.2021 in W.P. (C) No. 3208/2021. But however, the writ appellate order also provided that the School Selection Committee will look into the contention of Rafik Ahmed that the petitioner Abdul Aziz Ahmed was not qualified as he had not done his Post Graduation as per law.
8. In the aforesaid circumstances, this contempt petition which is instituted for a willful and deliberate violation of the order dated 09.11.2021 in W.P. (C) No. 3208/2021 would also have to be read to be a contempt petition for non-compliance of the order dated 10.01.2022 in W.A. No. 340/2021 and W.A. No. 350/2021. It being so, we also have to take note that in the order of the Division Bench dated 10.01.2022, there is also a provision that while considering the matter, the School Selection Committee shall look the contention of the writ appellants therein namely Rafiq Ahmed and the School Selection Committee of Abbas Ali Choudhury Mem
