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2025 Supreme(Gau) 403
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE, J.
GAJENDRA NATH KALITA S/O LATE MADAN CHANDRA KALITA - Appellant
VERSUS
THE STATE OF ASSAM AND ORS - Respondent
WP(C)/1863/2024
Decided On : 03-04-2025
Advocate Appeared:
For the Appellant : MS. S B CHOUDHURY, MR. S K DAS
For the Respondent: SC, SEC. EDU., A M RAHMAN (R-5),MR. S U AHMED (R-5),GA, ASSAM
Eligibility for In-Charge Principal must adhere to established rules, prioritizing seniority and qualifications of teachers.
Headnote:(A) Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 - Eligibility for In-Charge Principal - The petitioner challenged the appointment of respondent No. 5 as In-Charge Principal, asserting that he, being a senior teacher with requisite qualifications, was entitled to the position. The court found that the appointment of respondent No. 5 was erroneous as the petitioner was eligible and qualified. (Paras 2, 11, 12)
(B) Seniority and Eligibility - The court emphasized that the eligibility criteria for holding the position of In-Charge Principal must be adhered to, and the appointment should follow the relevant rules and acts. (Paras 5, 8, 13)
Facts of the case:
The petitioner, a lecturer with a master's degree, claimed seniority over respondent No. 5, a tutor, in the context of their respective appointments at Anchalik Senior Secondary College, Bongaon. The petitioner argued that the appointment of respondent No. 5 violated the provisions of the relevant rules.
Findings of Court:
The court determined that the petitioner was qualified and eligible for the In-Charge Principal position, and the appointment of respondent No. 5 was found to be erroneous.
Issues: The main issues included the eligibility of the respondent No. 5 to hold the In-Charge Principal position and the seniority of the petitioner.
Ratio Decidendi: The court ruled that the appointment of the In-Charge Principal must comply with the eligibility criteria set forth in the relevant rules, and the petitioner should be considered for the position.
Result: Writ petition disposed of, directing authorities to fill the post of Principal in accordance with the rules.
ORDER :
KARDAK ETE, J.
1. Heard Ms. S.B. Choudhury, learned counsel for the petitioner. And also heard Mr. N.J. Khataniar, learned standing counsel, Secondary Education, Assam, for respondent Nos. 1, 2 and 3, Ms. D.D. Barman, learned counsel, for respondent No. 4 and Mr. S.U. Ahmed, learned counsel, for respondent No. 5.
2. The challenge made in this writ petition is to the order dated 28.03.2024 passed by the Inspector of Schools, Barpeta, District Circle, Barpeta, whereby, the respondent No. 5 has been allowed to hold In-Charge Principal of Anchalik Senior Secondary School, Bongaon in the District of Bajali on the ground that the respondent No. 5, being a tutor and junior to the petitioner is not eligible to hold the In-charge Principal.
3. The case of the petitioner, in brief, is that he was appointed as lecturer in Education in Anchalik College (Junior), Bongaon, vide order dated 01.09.1998 issued by the Governing Body of the said College. Subsequently, the said Junior College was provincialised in the year, 2021 as Anchalik Senior Secondary College, Bongaon, Bajali. Accordingly, the services of the teaching and non-teaching staff of the said school have been provincialised on 01.01.2021.
4. As per the order dated 04.02.2021, issued by the Director of Secondary Education, Assam with regard to the seniority and eligibility of the teaching and non-teaching staff of Anchalik Senior Secondary College, Bongaon, the name of the petitioner appeared at Sl. No. 5 and the respondent No. 5 appeared at Sl. No. 6. The designation of the petitioner is shown as PGT (Education) and the respondent No. 5 is shown as PGT (History). The service of the petitioner has been provincialsed as teacher and the respondent No. 5 as tutor. However, the dates of joining as teacher and tutor of the petitioner and the respondent No. 5 are shown as 09.03.1998 and 01.11.1993 respectively.
5. It is the contention of the petitioner that as per the order dated 04.02.2021 at Clause 4 (iii) it provides that the teacher/ tutor must acquire the requisite master degree in case of Higher Secondary/ Senior Secondary School and the date of joining must be on 31.12.2010. Therefore, since the petitioner has already acquired the master degree before provincialisation of his service and the respondent No. 5 having been acquired the master degree in the year 2023 after the provincialsation of her service, that too the service of the petitioner has been provincialised as teacher and the service of the respondent No. 5 as tutor, the respondent No. 5 is not eligible to be appointed as Principal and therefore, she cannot be allowed to hold In-Charge Principal of the said school.
6. The petitioner, while apprehending appointment of the respondent No. 5 by which she may be allowed to hold the In-charge Principal of Anchalik Senior Secondary College, Bongaon, has filed a representation on 06.03.2024 to the respondent authorities with a prayer to allow him to hold the In-Charge Principal of Anchalik Senior Secondary College, Bongaon, on the ground that he is serving as teacher in terms of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 and the respondent No. 5 being the tutor would not eligible to hold In-Charge Principal in the said provincilised educational institution.
7. The petitioner, in view of provincialisation of his service as teacher having master-degree, claims to be the senior most teacher of Anchalik Senior Secondary College, Bongaon. It is contended that the respondent authorities without considering the case of the petitioner to hold the post of In-Charge Principal of Anchalik Senior Secondary College, Bongaon, has illegally allowed the respondent No. 5 vide order dated 28.02.2024 in violation of the provisions of relevant Rules and Act, thereby deprived the petitioner to hold the In-Charge Principal of the Anchalik Senior Secondary College, Bongaon.
8. Ms. B. Choudhury, learned counsel for the petiti
