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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Anjana Saikia Borah, Wife Of Sri Dipak Chandra Borah – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Government Of Assam, Secondary Education Department – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Mr. D.P. Borah, learned counsel for the petitioner. Also heard Ms. D. Mushahary, learned Standing Counsel, Secondary Education Department, for State respondents and Ms. A. Begum, learned counsel for the respondent No.4.
2. Challenge made in this writ petition is to the order dated 02.03.2024 issued by the Director of Secondary Education, Assam, whereby, Md. Sadique Anuwar (respondent No.4 herein) has been temporarily allowed to act as Principal In- Charge of Bechamari M.I H.S. School, Nagaon, in addition to his normal duties as Assistant Teacher along with financial power as per the provision of FR 49(c).
3. The petitioner was appointed as Subject Teacher (History) in the Bechamari M.I. H.S. School on 27.03.2001 and has retired from service on attaining the age of superannuation. The petitioner, being senior most teacher, was allowed to hold the charge of Principal In-Charge of Bechamari M.I. H.S. School vide an order dated 05.04.2023, which was put to challenge by the respondent No.4 being WP(C) 2042/2023. By an order dated 05.12.2023, this Court has disposed of the writ petition holding that the petitioner has crossed the age of 57 years on 31.10.2022
The issuance of writ of quo warranto requires evidence of unlawful usurpation of public office, and retired individuals typically lack standing to contest appointments under statutory rules.
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.
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....
financial Liability to the State is not a reigning consideration while interpreting statutory rules and notifications.
Seniority by age is determinative for promotion under the Maharashtra Employees of Private Schools Rules, and additional qualifications can be acquired post-promotion.
Point of law : The law of interpretation provides that whenever there is a general provision of law and also a special provision, if special provision is applicable to a particular facts and circumst....
Point of Law : Education Officer (Secondary) can exercise jurisdiction to determine any inter se dispute as regards seniority that has been referred to him under Rule 12(3) of the said Rules till suc....
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