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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Anowar Hussain S/o Ashur Uddin Ahmed – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. Considering the subject matter involved and the stand of the BTC made in the affidavit filed in one of the writ petition namely, WP(C)/1735/2024, all these writ petitions are taken up for disposal at the admission stage itself. The same pertains to selection and appointment of the post of Headmasters in provincialised High Schools in the district of Baksa.
2. To state in brief, the petitioners who in total are 20 in numbers in all these 5 (five) petitions are aggrieved by the selection and appointment of the private respondents in a recruitment exercise conducted by the authorities. The primary ground of challenge is violation of the Rules in question namely, the Assam Secondary Education (Provincialised Schools) Service Rules, 2018. It is contended that Rule 14 of the said Rules laid down the procedure for recruitment of Headmaster / Superintendent and the selection and appointment have been made in gross violation of the said procedure. On the other hand, the stand of the respondent authorities is that there is substantial compliance of the Rules and the most suitable candidates were appointed.
3. I have heard Shri S. Ali, learned counsel for the
The selection of Headmasters must adhere to recruitment rules based on seniority unless compelling reasons are documented for deviation.
Promotions must be made in accordance with the merit-cum-seniority list prepared as per Rule 3 of G.O.Ms.No.15 dated 26.01.2009, and ignoring seniority to promote juniors is a violation of the rule p....
Point of Law : It is made effective by Court quashing an administrative decision without substituting its own decision, and is to be contrasted with an appeal where the appellate tribunal substitutes....
The main legal point established in the judgment is the requirement for the respondent authorities to follow the regular appointment process as mandated by the Assam Secondary Education (Provincialis....
Seniority by age is determinative for promotion under the Maharashtra Employees of Private Schools Rules, and additional qualifications can be acquired post-promotion.
The main legal point established in the judgment is the importance of following the provisions of Rule 12 of the Maharashtra Employee of Private Schools (Conditions of Services) Regulation Rules, 198....
Approval from the District Inspector of Schools for the master degree qualification is not relevant for being awarded marks for such degree for preparation of panel. A challenge to the selection proc....
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