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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
| Table of Content |
|---|
| 1. temporary appointment of principal in-charge. (Para 2 , 3 , 4) |
| 2. eligibility criteria for principal appointment. (Para 5 , 6) |
| 3. response to petitioner's claim on qualification. (Para 7 , 8) |
| 4. rules governing principal appointments. (Para 10 , 12 , 16) |
| 5. judiciary's role in appointment legality. (Para 20 , 21 , 22) |
| 6. final ruling on writ application. (Para 24 , 27) |
| 7. writ of quo warranto not applicable. (Para 25 , 26) |
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 ret
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 'year of recruitment' for determining age eligibility for a promotional post is the year in which the vacancy arises. Once eligibility is established, administrative allegations or disciplinary p....
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.
Promotion to Principal of Higher Secondary School requires first considering senior-most Headmaster from Secondary Schools under common management per next below category rule, superseding Grade-I Te....
Seniority by age is determinative for promotion under the Maharashtra Employees of Private Schools Rules, and additional qualifications can be acquired post-promotion.
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