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SUMAN SHYAM, ARUN DEV CHOUDHURY
Samir Mazumdar, S/O Lt. Sontosh Chandra Majumdar – Appellant
Versus
State Of Assam Through The Commissioner And Secretary To The Govt. Of Assam, Education Deptt. (Secondary) – Respondent
JUDGMENT :
Suman Shyam, J.
Heard Mr. B. Purkayasatha, learned counsel appearing for the appellant. Also heard Mr. R. Mazumdar, learned Standing Counsel, Secondary Education Department, Assam appearing for the respondent Nos.1 and 2 and Mr. R. M. Das, learned Standing Counsel, Dima Hasao Autonomous Council appearing for the respondent Nos.3 to 5. Mr. A. R. Sikdar, learned counsel is present on behalf of the respondent No.6.
2. This intra-court appeal is directed against the judgment and order dated 23.03.2022 passed by the learned Single Judge in WP(C) No.3099/2020 setting aside the order dated 30.06.2020, by means of which, the writ appellant herein was appointed as the In-charge Principal of the Government Girls Higher Secondary School, Haflong.
3. The facts and circumstances of the case, in a nutshell, are that the writ appellant herein was appointed as an Assistant Teacher vide order dated 28.01.1992 and his services were regularized as Assistant Teacher on 24.11.1994. The respondent No.6 was appointed as Subject Teacher on 31.12.1999 and her services were regularized on 12.01.2006. On superannuation of the erstwhile In-charge Principal of the aforesaid school the respondent No.6 he
The main legal point established in the judgment is that the fulfillment of eligibility criteria for appointment as Principal under the Rules of 2020 is crucial, and the authorities must adhere to th....
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....
The appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
The main legal point established in the judgment is the importance of regular appointment for the post of Principal, determination of seniority based on the date of receiving graduate scale, and the ....
The denial of a senior teacher’s claim to principalship due to age and educational qualifications is improper when the criteria are not strictly applied, affirming the need for transparent governance....
The 'year of recruitment' for determining age eligibility for a promotional post is the year in which the vacancy arises. Once eligibility is established, administrative allegations or disciplinary p....
The issuance of writ of quo warranto requires evidence of unlawful usurpation of public office, and retired individuals typically lack standing to contest appointments under statutory rules.
The court upheld the Single Judge's decision, emphasizing the importance of seniority and misconduct in determining appointment validity under established legal principles.
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