IMPORTANT POINT
The court upheld the Single Judge's decision, emphasizing the importance of seniority and misconduct in determining appointment validity under established legal principles.

JUDGMENT :

M.K. Kalita, J.

1. Heard Mr. I.H. Saikia, learned counsel for the appellant. Also heard Mr. J. Roy, learned Senior Counsel, assisted by Mr. D. Das, learned counsel for the respondent No. 1. Also heard Ms. H. Teronpi, learned Standing Counsel for School Education Department for respondent Nos. 2 to 4.

2. This writ appeal has been preferred by the appellant, who was the respondent No. 1 in the writ petition impugning the judgment and order dated 27.02.2024, passed by the learned Single Judge in WP(C) No. 2066/2023, whereby, the learned Single Judge had set aside and quashed the order under Memo No. GB-EST/APTT/FP/24/2022/06 dated 30.03.2023, issued by the Director of Secondary Education, Assam, whereby the present appellant was allowed to hold the charge of the Principal of Paschim Barigog Dhirdutta Higher Secondary School, Nalbari, Assam from 01.04.2023.

3. The facts relevant for consideration of instant Writ Appeal, in brief, are that the present appellant was allowed, by the order dated 30.03.2023 of the Director of Secondary Education Assam, to hold the charge of the Principal of Paschim Barigog Dhirdutta Higher Secondary School, Nalbari, Assam from 01.04.2023. However, the respondent No. 1 preferred a writ petition against the aforesaid order, which was registered as WP(C) No. 2066/2023.

4. In the writ petition the respondent No. 1/writ petitioner had contended that the present appellant is junior to him in service and the impugned appointment order was passed disregarding the seniority. The contention of the present appellant in the writ petition was that the respondent No. 1/writ petitioner had obtained the B.Ed and M.A. degree simultaneously from two different universities without obtaining required permission from the authority under the rules. The learned Single Judge relying on the judgment of a co-ordinate bench (single bench) of this Court in WP(C) No. 5419/2024 (judgment dated 18.12.2023), which relied on an earlier order of this Court in the case of “Smti Mousumi Saharia v. Smti Rekha Kalita and 3 Ors.” whereby, it was held that a degree obtained without prior permission of the appointing authority would be a misconduct under Rule 13 of the Rules of 1965. However, same by itself cannot invalidate the otherwise valid degree obtained from a recognized university.

5. The learned Single Judge, thus, by the impugned judgment dated 27.02.2024, allowed the writ petition and set aside and quashed the order dated 30.03.2023 of the Director of Secondary Education Assam, whereby the present appellant was allowed to hold the charge of the Principal of the Paschim Barigog Dhirudatta Higher Secondary School, Nalbari, Assam.

6. The appellant herein, has preferred the instant appeal mainly on following grounds: -

i. That the learned Single Judge has failed to appreciate the fact that the appellant was appointed as a graduate teacher on 30.10.1998 following due process of law and his seniority should be counted from 30.10.1998. Whereas, the respondent No. 1/writ petitioner was appointed on ad hoc basis on 16.09.1998 for a specific period which was subsequently extended and his service was confirmed only on 12.08.2010 and therefore, his seniority should be counted w.e.f. 12.08.2010.

ii. That the learned Single Judge has failed to consider the fact that the respondent No. 1/writ petitioner had obtained his M.A. degree without permission from the appropriate authority and therefore, he committed a misconduct under Rule 13 of the Assam Civil Services (Conduct) Rules, 1965 and on the basis of such a degree the respondent No. 1/writ petitioner cannot claim promotion/appointed to a higher post.

iii. The learned Single Judge has failed to take into consideration that the appellant was appointed as In-charge Principal of the School on an ad hoc basis and therefore, he may not be replaced by another ad hoc appointee before filling up the post of the Principal of the School on regular basis.

7. We have considered the submissions made by the