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.

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 and applying the provision of Rule 12(3)(v) of the Assam Secondary Education (Provincialised Schools) Rules, 2018 (in short, the Rules of 2018), the petitioner having crossed the maximum age limit of 57 years, as on 1st day of January, 2023, she would not be eligible to hold the charge of the post of Principal on the date when the impugned order dated 05.04.2023 was issued, thereby, holding the order dated 05.04.2023 was issued in violation of the provisions of the above Rules rendering it unsustainable and accordingly, it was interfered with. It was directed the Director of Secondary Education to take requisite steps for filling up the post of Principal of Bechamari M.I. H.S. School on regular basis and till the post is filled up on regular basis and in the event, the petitioner, (respondent No.4 herein) is senior most and eligible Assistant Teacher, he should be allowed to discharge the functions of the Principal of the school on In-charge basis.

4. Thereafter, vide impugned order dated 02.03.2024, the respondent No.4 has been temporarily allowed to act as Principal In-Charge of Bechamari M.I. H.S. School in addition to his normal duties as Assistant Teacher along with financial powers as per provisions of FR 49(c). Hence, this writ petition, challenging the order dated 02.03.2024.

5. It is the case of the petitioner that the respondent No.4 was appointed as Assistant Teacher of Bechamari M.I. H.S. School at a consolidated pay of Rs.2500/- vide an order dated 28.03.2001, who has been allowed graduate scale of pay only w.e.f. 26.02.2021. For appointment to the post of Principal under the Rules of 2018, inter alia, requires that the candidate must have 17 years of teaching experience as graduate teacher in any higher secondary school and 15 years of service as post graduate teacher in any of the provincialized higher secondary school/senior secondary school provided that in case of graduate teacher the seniority shall be counted from the date of getting salaries meant for graduate teacher. Since the petitioner was allowed graduate scale of pay only w.e.f. 26.02.2021, the respondent No.4 is not eligible for appointment to the post of Principal of Bechamari M.I. H.S. School, therefore, he is not eligible to act as Principal In-Charge even on temporary basis.

6. Mr. D.P. Borah, learned counsel for the petitioner, submits that