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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. Unni Krishnan Nair
Ajim Uddin Ahmed S/o Lt Abdul Rashid Ali – Appellant
Versus
State Of Assam – Respondent
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
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.
Section 12 is primarily for purpose of Provincialisation of Venture Schools.
The main legal point established is that eligibility for participation in a selection process is determined at the time of initiation of the process, and subsequent eligibility does not entitle a can....
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.
Post of Headmaster of ME School shall be re-designated as Assistant Headmaster with same pay scale whatever they are drawing and the post shall be held by the existing Headmaster of the ME School wit....
The School Management Committee had the authority to terminate a teacher's service prior to provincialization notification; thus, the revocation of the cancellation order was in error.
The legal principle established is the requirement to re-designate school staff in accordance with the terms of amalgamation and relevant Office Memorandum.
Seniority in service is determined by the date of regularization, not the initial appointment date, as per the applicable service rules.
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.
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