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2023 Supreme(Gau) 1284

ACHINTYA MALLA BUJOR BARUA
Nazrul Islam, S/o. Late Alhaj Md. Mahfel Uddin – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Government Of Assam, Education Department (Secondary) – Respondent


Advocates Appeared:
For the Petitioner: Mr. T.J. Mahanta.

JUDGMENT :

Heard Mr. TJ Mahanta, learned senior counsel for the petitioner and Ms. S Chutia, learned counsel for the respondents in the Secondary Education Department, Government of Assam.

2. The name of the petitioner Nazrul Islam along with four other teachers of the school were forwarded by the Inspector of Schools to the Director of Secondary Education, Assam for being the in-charge Principal of Agomani Higher Secondary School in the Dhubri district. Accordingly, the matter for appointment of the in-charge Principal was processed and by the order dated 16.10.2023 of the Director of Secondary Education, Assam, it was provided that until further orders, the Inspector of Schools, Dhubri would hold the charge of Principal of Agomani Higher Secondary school along with financial powers. The reason thereof is stated in paragraph 2 of the said order that the petitioner Nazrul Islam, who has the qualification of M.A B.Ed degree is otherwise the senior most teacher of the school and he would have been eligible to be the in-charge Principal. But, the Director had taken note that the petitioner Nazrul Islam had acquired his B.Ed degree from the IGNOU in the year 2014 without obtaining prio

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