THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
GAJENDRA NATH KALITA S/O LATE MADAN CHANDRA KALITA – Appellant
Versus
STATE OF ASSAM – Respondent
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 01.0
Eligibility for In-Charge Principal must adhere to established rules, prioritizing seniority and qualifications of teachers.
Transfer stipulations in employment determine seniority rights and must be respected in disputes regarding promotions.
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 appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
Degrees from recognized universities cannot be invalidated due to lack of prior permission from authorities; eligibility for principal requires meeting specified educational and service criteria.
The Court established that seniority for provincialization of teachers' services must be determined based on accurate service records as per the Assam Education Act, 2017.
A senior language teacher has the primary claim for provincialisation under the Assam Education Act, and failure to provide justifiable reasons for excluding such a claim is arbitrary.
Point of Law : Employment and Service matter - Appointment of first Assistant Teacher of school - Provision of Section 3 (1)(x) of Act of 2017 which inter alia provides that two number of teachers or....
The court established that for determining seniority post-provincialization, the date of birth is the determinable factor when prior service in a venture school is not considered.
Point of Law : It was incumbent upon the Director to call for the entire records to find out as to which of the teacher was entitled for being provincilased as a language teacher of the school.
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