IMPORTANT POINT
The selection process for the Principal position must strictly adhere to the guidelines established in the Office Memorandum, ensuring fair evaluation of candidates' qualifications.

JUDGMENT :

(N. Unni Krishnan Nair, J.) :

Heard Mr. S. Borthakur, learned counsel for the petitioner in the above noted writ petitions. Also heard Mr. B. Kaushik, learned Standing Counsel appearing for respondents in the Secondary Education Department and Mr. S. P. Sharma, learned counsel representing the respondent no. 5 & 6 in WP(C)/2776/2020.

WP(C)/2776/2020

2. The petitioner by instituting the present proceeding has assailed an order dated 03.03.2020, issued by the Director of Secondary Education, Assam, appointing the respondent no. 6, herein, as the Principal of Belsor Higher Secondary School, Nalbari. The petitioner has also, in the present proceeding, assailed the selection as made in respect of the respondent no. 6 by the School Selection Committee and its approval by the State Selection Board, Assam.

WP(C)/6004/2020

3. The petitioner, by way of instituting the present proceeding has presented a challenge to a communication dated 23.06.2020, issued by the Commissioner & Secretary to the Government of Assam, wherein it was held that the degrees obtained by the petitioner were not acceptable and accordingly, his case for recruitment to the post of Principal, Belsor Higher Secondary School cannot be considered.

4. The issue involved in the above noted writ petitions being the same, both the writ petitions are taken up for consideration analogously; and the same was also consented to by the learned counsels appearing for the parties.

5. As consented to by the learned counsel for the parties to the proceedings in both the above noted writ petitions, the present writ petitions are taken up for final consideration and disposal.

6. The issues involved in the above noted writ petitions being similar in nature, for the purpose of the present order, the facts available in WP(C)/2776/2020 is noticed and the parties are also denoted in the order, in terms of their placement in the said writ petition.

7. The petitioner, herein, has submitted that he was initially recruited as an Assistant Graduate Teacher on 16.08.1994 and posted at Solmara Higher Secondary School, Nalbari. The petitioner has further submitted that he was drawing his pay and allowances in the graduate scale of pay since the date of his initial appointment. The petitioner, in support of the fact that he possessed the requisite educational qualification for being authorized the graduate scale of pay, has contended that he had acquired his B. SC degree from Gauhati University in the year 1992 and thereafter, had acquired his M. A. degree in Assamese from the same University in the year 2012. The petitioner also contends that he had acquired his B. Ed degree from the same very University in the year 2017. The petitioner, in addition to the above qualifications so acquired by him, had also pursued a course of study to acquire his B. A. degree from CMJ University in the year 2012, as well as a B. Ed degree from Singhania University in the year 2011.

8. A vacancy being available against the post of Principal of Belsor Higher Secondary School, an advertisement for the purpose of recruitment against the said post by way of direct recruitment came to be issued in the month of December, 2018. The petitioner being eligible for being considered for recruitment to the post of Principal in a provincialized Higher Secondary School, submitted his application along with that of the respondent no. 6, herein, in pursuance to the said advertisement. It is contended that the interview for the purpose of recruitment to the post of Principal was scheduled on 03.01.2019; and the petitioner, the respondent no. 6 and three other candidates appeared in the said interview.

9. On conclusion of the said process of interview, the petitioner having come to learn that the documents pertaining to his educational and professional qualification, were not considered in the manner required and the selection to have been so done in violation of the guidelines as laid down in the Office Memorandum dated 26.12.2018,