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2024 Supreme(Gau) 530
THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. Unni Krishnan Nair, J.
Shantanu Kumar Das S/o Late Sukumar Das - Appellant
Vs.
The State Of Assam And Ors. - Respondent
WP(C) No. 5914 of 2022
Decided On : 18-04-2024
Advocate Appeared:
For the Appellant : Ms. N. Saikia, Adv.
For the Respondent: Mr. P. K. Roy, Sr. Adv., Mr. B. Kaushik
Teaching experience in a Higher Secondary School as mandated by Rule 12(3) of the Assam Secondary Education (Provincialized School) Rules, 2018 is crucial for eligibility for the post of Principal.
Headnote:
Eligibility Criteria - Principal Appointment - Assam Secondary Education (Provincialized School) Rules, 2018 - Rule 12(3)
Fact of the Case:
The petitioner challenges an order allowing respondent No.5 to hold the charge of the post of Principal in a school. The petitioner claims seniority based on the date of receiving graduate scale of pay.
Finding of the Court:
The court finds that the petitioner did not fulfill the eligibility criteria as mandated under Rule 12(3) of the Assam Secondary Education (Provincialized School) Rules, 2018 for holding the post of Principal. The court directs the Director of Secondary Education to examine the eligibility of respondent No.5.
Issues: Seniority for Principal Appointment, Eligibility Criteria for Principal Appointment, Interim Direction Suspension
Ratio Decidendi: The petitioner's teaching experience in a Higher Secondary School can only be reckoned from the date of amalgamation. The court emphasizes the teaching experience acquired in a Higher Secondary School as mandated by Rule 12(3) of the Rules of 2018.
Final Decision: The court dismisses the petitioner's claim and directs the Director of Secondary Education to examine the eligibility of respondent No.5 for the post of Principal.
1. The petitioner by way of instituting the present proceedings has presented a challenge to an order dated 26.08.2022 passed by the Director, Secondary Education, Assam allowing the respondent No.5 herein to hold the charge of the post of Principal in Budhan Higher Secondary School.
2. The petitioner herein was initially appointed as a Science Teacher in Budhan M.E. School, Karimganj vide an order dated 30.12.1991. The petitioner in terms of the said order of appointment, joined his services on 01.01.1992 and thereafter has been continuing in the said capacity in the said School. The respondent authorities in terms of the Siksha Khetra Scheme vide a communication dated 06.06.2017 proceeded to amalgamate Budhan M.E. School with Budhan H.S. School. It is to be noted that the respondent No.5 herein was working in Budhan H.S. School as a Hindi language teacher. On a vacancy arising in the post of Principal of the said School, the Director of Secondary Education, Assam vide an order dated 26.08.2022 proceeded to allow the respondent No.5 herein to hold the charge of the post of Principal along with financial power to draw and disburse the salary of the staff in addition to her normal duties as Hindi Teacher w.e.f. 01.09.2022. The petitioner herein being aggrieved by the said order dated 26.08.2022 has instituted the present proceedings.
3. Ms. N. Saikia, learned counsel for the petitioner has submitted that the petitioner having been appointed as a Science Graduate Teacher in Budhan M.E. School vide an order dated 30.12.1991, it has to be deemed that the petitioner is a graduate teacher even after amalgamation of Budhan M.E. School with Budhan H.S. School in terms of the provisions of the Assam Secondary Education (Provincialized School) Rules, 2018 (for short “Rules of 2018”) and accordingly he being senior in service to the respondent No.5 herein ought to have been reckoned for the purpose of holding the charge of the post of Principal on a vacancy arising therein.
4. Ms. N. Saikia, learned counsel for the petitioner has further submitted that in the proposal as submitted by the then Principal of the school on 02.08.2022 for the purpose of holding the charge of the post of Principal of Budhan H.S. School, the Petitioner was placed at Serial No.1 while the Respondent No.5 was placed at Serial No.2 reckoning the date from which they received the graduate scale of pay. It was highlighted that the petitioner herein has received the graduate scale of pay w.e.f. 01.01.1992 whereas the respondent No.5 had received such scale of pay only w.e.f. 23.05.1992. Basing on the said submissions, it was contended that the petitioner being senior to the respondent No.5 herein, his case could not have been ignored while considering the case of eligible teachers of the said school for the purpose of holding the charge of the post of Principal of the school on a vacancy arising therein.
5. This Court while issuing notice in the matter on 09.09.2022 had passed an interim direction suspending the operation of the order dated 26.08.2022 thereby restraining the respondent No.5 from holding the charge of the post of Principal of Budhan H.S. School. It is contended by Ms. N. Saikia that in terms of the interim direction passed by this Court, the jurisdictional Inspector of Schools has been allowed to hold the charge of the post of Principal of the School in question in the interregnum.
6. Mr. P. K. Roy, learned Senior counsel appearing for the respondent No.5 has submitted that the service of the petitioner came to be placed in a Higher Secondary School only on the amalgamation of the School i.e. Budhan M.E. School with the Budhan H.S. School w.e.f. 06.06.2017 and accordingly he having not acquired the requisite eligibility criteria as mandated under the provisions of the said Rules of 2018, he could not have been permitted to hold the charge of the post of Principal of the School in question.
7. I have heard the learned counsel for the parties and also consid
