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2023 Supreme(Gau) 188

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANDEEP MEHTA, SOUMITRA SAIKIA, JJ.
Sri Prasanna Borah, Son of Late Jonaram Borah – Appellant
Versus
Sri Gobinda Lal Chakroborty – Respondent
Review Petition No. 49 of 2022 In W.P(C) No. 4433 of 2012
Decided on : 01-03-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. D. Das, Senior Advocate assisted by Mr. N. Borah, Advocate
For the Respondents: Mr. B. Purkayastha, Mr. P.P. Dutta, Standing Counsel, APSC

Headnote:

Constitution of India, 1950 - Article 226 - Assam Service Rules, 1982 - Rule 3, 8 - Posts of Inspector of Schools - Appointment to posts - Qualifications - Petition directed against order by Commissioner & Secretary to Government of Assam, Education (Secondary) Department that B.Ed/B.T. Degree is necessary for posts of Inspector of Schools and that appointment to posts of Inspector of Schools may be made out of candidates having such qualifications - Held, Statement in affidavit filed by Government can be read to mean that B.Ed/B.T. degree is essential for post of Inspector of Schools - B.T./B.Ed degree is essential for any officer having inspecting duties and therefore, B.T/B.Ed degree in cadre of Assistant Inspector of Schools as prescribed in AES Rules, 1982 does not appear to be unjustified - It appears to Court that averments made in affidavit by State Department, cannot be read to mean that Department had taken a stand that qualification of B.T/B.Ed degree is also required for post of Inspector of Schools - Court, therefore, modify and/or clarify order to extent that prescription under Rules as on date is requirement of B.T./B.Ed for lower post of Assistant Inspector of Schools but same is not a necessary qualification for higher post of Inspector of Schools - Petition allowed.

JUDGMENT :

SOUMITRA SAIKIA, J

This review petition is directed against the order dated 20.06.2013 passed in W.P(C) No. 4433/2012 and other connected writ petitions. Vide order dated 20.06.2013, these writ petitions were closed by recording the statement in the affidavit dated 06.06.2013 filed by the Commissioner & Secretary to the Government of Assam, Education (Secondary) Department that B.Ed/B.T. Degree is necessary for the posts of Inspector of Schools and that the appointment to the posts of Inspector of Schools may be made out of the candidates having such qualifications.

2. According to the review petitioners, the stand reflected in the affidavit filed by the Department was wrongly recorded in the order under review. Consequent thereto, although the Service Rules governing the recruitment of Inspectors of School does not prescribe, B.T./B. Ed as a prescribed qualification for recruitment to the post of Inspector of Schools, but in view of the order dated 20.06.2013 passed in W.P(C) No. 4433/2012 and other connected W.P(C)s which is sought to be reviewed, a writ petition being W.P(C) No. 5752/2013 has been filed before this Court, whereby the appointments of the Review Petitioners to the posts of Inspectors have been put to challenge as being violative and contrary to the order dated 20.06.2013 passed by this Court in W.P.(C) No. 4433/2012 and other connected W.P(C)s. It is the case of the review petitioners that the order dated 20.06.2013 passed in W.P(C) No. 4433/2012 and other connected writ petitions, which is under review, having wrongly recorded the stand reflected in the affidavit dated 06.06.2013 filed by the Department and the W.P.(C)s having been disposed of with a direction that appointments to the post of Inspector of Schools may be made out of candidates having such qualifications, the appointments of the Review Petitioners as Inspector of Schools have been put to challenge by way of W.P(C) No. 5752/2013, which is presently pending disposal before this Court. Being aggrieved by the said order dated 20.06.2013 passed in W.P(C) No. 4433/2012 which according to the petitioners is an error apparent on the face of the record and thus the present review petition has been filed on the following grounds:

    A. For that patent errors apparent on the face of the records has crept in the impugned order dated 20.06.2013 and, as such, this Hon’ble Court may be pleased to invoke the power of review, in respect of conclusions reached in the impugned Order pertaining to W.P.(C) No. 4433/2013 and other connected petitions, which in hers in every court of plenary jurisdiction to correct such errors.

B. For that the errors referred to above are so patent and apparent that it is self evident and it does not require any detail examination or argument to establish it. In other words, glaring omission/patent mistake having been crept in the impugned Order dated 20.06.2013 this Hon’ble Court may be pleased to review the same.

C. For that though the review petitioners/respondent Nos. 6, 8, 14, 18 & 19 were arrayed as party respondents in W.P.(C) No. 4433/2012 but they were not served with the copy of the Government’s Affidavit dated 06.06.2013 and, as such, they were unaware about the glaring irregularity that hand occurred in the impugned order dated 20.06.2013 was passed, the review petitioners could not place their stand in the matter and the conclusions were arrived at ex-parte by this Hon’ble Court which has cause serious and grave prejudice to the review petitioners. Therefore, the present is a fit case for reviewing the impugned Order dated 20.06.2013.

D. For that W.P(C) No. 4433/2012, and other connected matters were taken up for consideration on 20.06.2013 by this Hon’ble Court. On the said date this Hon’ble Court by relying on the Affidavit of the Government dated 06.06.2013 (Annexure-10 herein) was pleased to dispose of the said writ petition by observing that in view of the stand taken in the Affidavit dated 06.06.2013 filed by the

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