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 in educational appointments.

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. M.H. Choudhury, learned Senior Counsel, assisted by Mr. S.N. Ahmed, for the petitioner and also heard Ms. D. Musahary, learned standing counsel, Secondary Education Department, appearing for the respondent Nos. 1, 2 & 3.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order, dated 03-10-2023 (Annexure-F), passed by the Director of Secondary Education, Assam and also the order dated 10-04-2024 (Annexure-I), passed by the Inspector of Schools, NDC Nagaon and also to issue direction to the state respondents, more particularly the respondent No. 2, to allow petitioner to hold charge of the post of Principal of Dakshinpat Higher Secondary School.

3. Notably, vide order dated 03-10-2023 (Annexure-F), the Director of Secondary Education, Assam has allowed the Inspector of Schools (Respondent No. 3), to hold the charge of Principal of the said Higher Secondary School, with financial powers, to draw and disburse the salary of the staff of the school in addition to his normal duties, under F.R. 49 (C). Surprisingly the effect of the order is given from 01-09-2023. And vide impugned order, dated 10-04-2024 (Annexure-I), the Inspector of Schools, NDC, Nagoan has allowed the private respondent No. 4, namely Smt. Anita Laskar to look after the academic affairs of the said school in addition to her normal duties.

Background Facts:-

4. The background facts, leading to filing of the present petition, are adumbrated herein-below:-

“The petitioner was appointed as Asstt. Teacher (Hindi), at Dakshinpat Higher Secondary School of Nagaon District, on 30-04-1991 and he joined on 03-05-1991, and started serving in the aforesaid capacity. He also received graduate pay scale from 01-04-1993, continuously. As per the seniority list of teachers of Dakshinpat Higher Secondary School, prepared by the then Principal of the said school on 14-08-2023, the name of the petitioner appeared at serial No. 1 and said list of seniority was submitted to the Inspector of Schools, as he was to retire on 31- 08-2023, and as there is a requirement of appointing one In-Charge Principal. Thereafter, the name of the petitioner was forwarded to the Inspector of Schools, Nagaon being the senior most teacher, and therefore, he was expecting that he will be allowed to hold the charge of Principal. But, surprisingly on the day of retirement of the erstwhile In-charge Principal, i.e., 31-08-2023, the Inspector of Schools directed one Shri Laba Kanta Sarma, Asst. Teacher of the said school, to look after the academic affairs of the school in addition to his normal duties w.e.f. 01-09-2023, till In-charge Principal is appointed, who is junior to the petitioner, but the petitioner did not object seriously as he was waiting for appointment as In-charge Principal. And while the petitioner was expecting his appointment from the office of the Respondent No.2, very surprisingly, the Director, Secondary Education, Assam, Kahilipara, passed an order, whereby, he has allowed the Inspector of Schools (Respondent no. 3) to hold the charge of Principal of the said Higher Secondary School with financial powers to draw and disburse the salary of the staff of the school in addition to his normal duties, under F.R 49 (C). Surprisingly also the effect of the order is given from 01