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SANJAY KUMAR MEDHI
MAHESWAR DAS S/O LATE UPEN CHANDRA DAS – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The petitioner, who is a Hindi Teacher of Bagta BS High School has put to challenge the action of the respondent authorities in appointing the respondent no. 3 in the post of Assistant Head Master of the said School. The petitioner alleges that there is violation of an Office Memorandum dated 22.09.2016. The petitioner has based his claim to the said post of Assistant Head Master on the strength of being the senior most Assistant Teacher in the said High School.
2. Before going to the issue which has arisen for adjudication, it would be convenient to place the facts of the case in brief.
3. The petitioner is a Hindi Teacher of the School in question. Pursuant to a policy decision published by an Office Memorandum dated 22.09.2016, an exercise of amalgamation was taken in the year 2017, the Bagta BS ME School and Bagta BS MV School were amalgamated with the Bagta BS High School. It is the case of the petitioner that on such amalgamation, by following the relevant provisions of the aforesaid Office Memorandum, the Head Master of the MV School was made the Assistant Head Master of the amalgamated School. The said incumbent was one Shri Sarat Ch. Kalita
The court established that the Head Master of an MV School can be appointed as Assistant Head Master in an amalgamated school, as both ME and MV Schools are treated equally under the relevant statuto....
The legal principle established is the requirement to re-designate school staff in accordance with the terms of amalgamation and relevant Office Memorandum.
The court upheld the amalgamation of schools and the appointment of the Headmaster, emphasizing adherence to the SIKSHA KHETRA scheme and lack of challenge to qualifications.
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....
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.
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