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N. UNNI KRISHNAN NAIR
Humen Gogoi, Son of Shri Jitumoni Gogoi – Appellant
Versus
State of Assam, represented by the Secretary to the Government of Assam, Department of School Education – Respondent
JUDGMENT :
Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Ms. B. Chowdhury, learned counsel representing the respondent No.4.
2. The petitioner, by way of instituting the present proceeding, has assailed an order dated 05.08.2023 issued by the Director of Secondary Education, Assam, by which the temporary arrangement made in his case to hold the charge of Headmaster of Tamar Gaon Tribal High School in the district of Lakhimpur was altered and the respondent No.4 was allowed to hold the charge of the said post.
The facts requisite for deciding the issues arising in the present proceeding is noted hereinbelow.
3. The petitioner was recruited as a Graduate Teacher in Tamar Gaon Tribal High School vide order dated 05.09.2013. While serving as such, the petitioner vide order dated 12.09.2022 (Annexure-1 to the writ petition) was allowed to hold the charge of the post of Headmaster of the said School on a vacancy arising therein. The petitioner accordingly took over the charge of the post of Headmaster and was continuing as such.
4. The respondent No.4 was initially appointed as Headmaster of Na-Vanga High School on 08.04.1992 when the said School was at the venture st
The regular incumbency of a candidate may exempt them from certain eligibility requirements for a position.
The main legal point established in the judgment is the requirement for the respondent authorities to follow the regular appointment process as mandated by the Assam Secondary Education (Provincialis....
Seniority in service is determined by the date of regularization, not the initial appointment date, as per the applicable service rules.
The main legal point established is that eligibility for participation in a selection process is determined at the time of initiation of the process, and subsequent eligibility does not entitle a can....
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