Point of Law : Interest of justice would be served and equities would be balanced if cases of the petitioners in these two writ petitions are directed to be considered for their promotion to the next higher post of Headmaster / Headmistress

JUDGMENT :

Both these writ petitions filed under Article 226 of the Constitution of India being similar, an analogous hearing was done and are being disposed of by this common judgment and order. The basic challenge is with regard to the promotion of the private respondents as Headmaster / Headmistress in different LP/UP Schools in the district of Cachar to the deprivation of the petitioners.

2. Before going to the issue which has arisen for determination, it would be convenient if the facts of the two cases are narrated in brief.

3. While in WP(C)/5250/2017, 8 (Eight) numbers of petitioners have joined together, in WP(C)/5219/2018, 5 (five) numbers of petitioners have joined together. The petitioners are Assistant Teachers / Science Graduate Teachers, who were appointed between 1987 and 1992 in various middle Schools in the district of Cachar. As indicated above, in the first writ petition, promotions of about 149 numbers of Teachers and in the second writ petition, promotions of 46 numbers of Teachers to the post of Headmaster/Headmistress in various Schools in the said district are the subject matter of challenge. Amongst the grounds of challenge, it has been alleged that the impugned promotion orders are in violation of notification dated 02.03.2010 issued by the Education (Elementary) in Department, Assam and there has been violation of the direction passed by this Court in order dated 19.07.2012 passed in WP(C)/402/2012. By the said order, this Court had directed finalization of the Gradation List after its preparation so that the teachers can raise their grievance and may approach the authority to rectify the same. It has also been alleged that a notice dated 23.06.2016 was issued by the District Elementary Education Officer, Cachar whereby a schedule was published for verification of service particulars for preparation of the Gradation List of teachers of middle schools for selection to the post of regular Headmaster / Headmistress. However, the impugned Gradation List which was obtained through RTI application has shown that such list was prepared on 23.06.2016 itself and therefore the verification exercise was a farce. Specific allegations have been made against certain respondents whose promotions have been shown to be in compliance of certain orders of this Court passed in writ petitions, which however, on verification has been found to be pertaining to some other subject matter / Department and not relevant to the present process at all. It has also been averred that while the criteria for such promotion is seniority-cum-efficiency, persons who are much junior to the petitioners have been promoted whereby the petitioners who are senior Teachers have been deprived of such promotion. Specific allegations have also been made regarding affording of promotion to certain respondents whose names were not even present in the impugned Gradation List.

4. I have heard Shri KN Choudhury, learned Senior Counsel for the petitioners in WP(C)/5219/2018 and Shri SD Purkayastha, learned counsel for the petitioners in WP(C)/5250/2017. I have also heard Shri B. Purkayastha, learned counsel for the respondent nos. 20 & 39 in WP(C)/5219/2018 and the respondent nos. 6, 9, 10, 15, 18, 19, 20, 22, 24, 25, 27, 40, 57, 62, 63, 64, 76, 77, 83, 90, 93 & 119 in WP(C)/5250/2017; Ms. M. Dev, learned counsel for the respondent nos. 81, 82, 91, 109, 125, 131 and 137 in WP(C)/5250/2017 and Shri R. Mazumdar as well as Shri A. Phukan learned Standing Counsel for the Education (Elementary) Department. The materials placed before this Court have been carefully examined.

5. Shri Choudhury, the learned Senior Counsel has contended on behalf of the petitioners that there is no dispute that the criteria for promotion to the post of Headmaster is seniority-cum-efficiency. Attention of this Court has been drawn to an order dated 19.07.2012 passed by this Court in WP(C)/402/2012 in which a direction was given to finalize the Gradation List. On 23.06.2016, a notice