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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Sheikh Abdullah S/o Late Istanur Rahman – Appellant
Versus
State of Assam – Respondent
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-
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.
Degrees from recognized universities cannot be invalidated due to lack of prior permission from authorities; eligibility for principal requires meeting specified educational and service criteria.
A degree obtained by a government employee without prior permission does not invalidate the degree itself, although it may constitute misconduct.
A degree obtained without prior permission does not invalidate its validity; misconduct does not negate educational qualifications essential for employment.
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 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....
The administrative authority must consider prior inquiry findings before taking action against an employee; failure to do so renders the action unjustified.
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