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.

JUDGMENT & ORDER :

N. Unni Krishnan Nair. J.

Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Ms. H.Terangpi, learned Standing Counsel, Secondary Education Department appearing for the respondent nos. 1, 2 & 3 and Ms. R. B. Bora, learned Standing Counsel, BTC, appearing for the respondent nos. 4 & 5.

2. The petitioner, by way of instituting the present proceeding, has presented a challenge to an order dated 18.01.2018, by which, Bhawraguri M. E. School was amalgamated with Janata High School and therein, the name of the respondent no. 6 was reflected as the Headmaster of the amalgamated school. The petitioner has also assailed the speaking order dated 21.07.2018, issued by the Commissioner & Secretary to the Govt. of Assam, Elementary & Secondary School Department, rejecting the claim of the petitioner herein, for being appointed as the Headmaster of the amalgamated school.

3. The brief facts requisite for adjudication of the issue, arising in the present proceeding is noticed as under: -

The petitioner, who was a graduate, was appointed as a Science Teacher at Bhawraguri M.E. School on 22.03.1993 in the graduate scale of pay. The petitioner, thereafter, acquired his B.Ed degree in the year 1997. The post of Headmaster in Bhawraguri M.E. School becoming vacant on the incumbent therein, proceeding on superannuation, the petitioner was allowed to hold the charge of the said post. Thereafter, the District Elementary Education Officer, Chirang, vide an order dated 07.11.2016; promoted the petitioner as the Headmaster of Bhawraguri M.E. School. While the petitioner was continuing as the Headmaster of Bhawraguri M.E. School, the respondent authorities, in terms of the “SIKSHA KHETRA” scheme as notified vide the OM dated 22.09.2016, arrived at a decision to amalgamate “Bhawraguri M.E. School” with “Janata High School”, which was located in the same campus. Accordingly, on completion of the requisite formalities, the Commissioner & Secretary to the Govt. of Assam, Elementary & Secondary School Department vide communication dated 18.01.2018, proceeded to amalgamate “Bhawraguri M.E. School” with “Janata High School”. On such amalgamation, it was provided that the name of the amalgamated school shall be “Janata High School”. The said communication, further, reflected the names of the incumbents holding various posts in the amalgamated school and therein, the name of respondent no. 6, who was the Headmaster of the Janata High School, was also reflected as the Headmaster of the amalgamated school now coming into being.

The petitioner, being aggrieved by the said order of amalgamation and further therein, denoting the respondent no. 6 to be the Headmaster of the amalgamated school, approached this Court by way of instituting WP(C) No. 885/2018, assailing the same.

The Co-ordinate Bench of this Court, vide order dated 19.02.2018, was pleased to dispose of the said writ petition, directing the Commissioner & Secretary, Govt. of Assam, Elementary & Secondary School Department, to consider the representation dated 29.01.2018, submitted by the petitioner in the matter. The Commissioner & Secretary, Govt. of Assam, Elementary & Secondary School Department was also required to personal hearing to both the petitioner as well as the respondent no. 6 herein.

The Commissioner & Secretary, Govt. of Assam, Elementary & Secondary School Department, in terms of the directions passed by the Co-ordinate Bench of this Court, vide order dated 19.02.2018 in WP(C) No. 885/2018, proceeded to consider the issue so arising in the matter and on such consideration, proceeded vide order dated 21.07.2018, to reject the claim made by the petitioner herein for being appointed as the Headmaster of the amalgamated school.

Being aggrieved, the petitioner has instituted the present proceeding.

4. The learned counsel for the petitioner has submitted that “Janata High School” was a Venture School and was provincialised in the year 2013, in terms of the “ The Assam V