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GAHC010125502022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4268/2022 HILAL UDDIN BARBHUIYA AND 11 ORS.
S/O- LATE MOYAB RAJA BARBHUIYA, VILL. SAIDBOND PART-2, P.O.
KALIBARI BAZAR, P.S. AND DIST.- HAILAKANDI, ASSAM. PIN- 788150.
2: HUSSAIN AHMED CHOUDHURY S/O- LATE FOYZUL HOQUE CHOUDHURY RESIDENT OF WORD NO.1 HAILAKANDI TOWN P.O. VICHINGCHA P.S. AND DIST.- HAILAKANDI ASSAM PIN- 788152.
3: JITENDRA DEB S/O. LATE PROJENDRA DEB VILL. ALEXANDARPUR P.O. AND P.S. KATLICHERRA DIST.- HAILAKANDI ASSAM PIN- 788161.
4: SHAMS UDDIN BARBHUIYA S/O- LATE ABDUL KAYUM BARBHUIYA RESIDENT OF WORD NO. 1 HAILAKANDI TOWN P.O. VICHINGCHA P.S. HAILAKANDI DIST.- HAILAKANDI ASSAM PIN- 788152.
5: ABDUL HANNAN BARBHUIYA S/O. ABDUL MOTLIB BARBHUIYA VLL. BAHADURPUR PART-I P.O. RANGAUTI P.S. AND DIST.- HAILAKANDI ASSAM PIN- 788155.
6: LAKSHMI KANTA DAS S/O. LATE RAJENDRA CHANDRA DAS RESIDENT OF LALA TOWN WORD NO. 9 P.O. AND P.S. LALA DIST. HAILAKANDI ASSAM PIN- 788163.
7: JAKIR HUSSAIN LASKAR S/O LATE ATAUR ROHMAN LASKAR RESIDENT OF VILL. SARANANDAPUR P.O. SARBANANDAPUR P.S. LALA DIST.- HAILAKANDI ASSAM PIN- 788163.
8: BISWAJIT SINGHA S/O- MAYA BABU SINGHA VILL. SUDARSHANPUR PART-III P.O. NIMAICHANDPUR P.S. LALA DIST.- HAILAKANDI ASSAM PIN- 788168.
9: SHIBDAS SEN S/O. LATE NIRANJAN SEN RESIDENT OF HAILAKANDI TOWN WORD NO. 3 P.O. AND P.S. HAILAKANDI DIST.- HAILAKANDI ASSAM PIN- 788151.
10: PRIYA MOHAN DAS S/O. LATE PRASANNA KUMAR DAS VILL. JECOBPUR P.O. GHARMURA P.S. RAMNATHPUR DIST. HAILAKANDI ASSAM PIN- 788162.
11: BAHARUL ISLAM LASKAR S/O. LATE SIRAJUL HOQUE LASKAR VILL. MAHAMMEDPUR PART-I P.O. RONGPUR SOUTH P.S. LALA DIST.- HAILAKANDI ASSAM PIN- 788163.
12: DILWAR AHMED LASKAR S/O. LATE ABDUL HOQUE LASKAR VILL. MAHAMMEDPUR PART-I P.O. RONGPUR SOUTH P.S. LALA DIST.- HAILAKANDI ASSAM PIN- 788163 VERSUS THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT ( ELEMENTARY) , DISPUR, ASSAM, GUWAHATI-6.
2:THE COMMISSIONER AND SECRETARY TO GOVT. OF ASSAM EDUCATION DEPARTMENT ( ELEMENTARY)
DISPUR ASSAM GUWAHATI-6.
3:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA ASSAM GUWAHATI-19.
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST.- HAILAKANDI ASSAM PIN- 788151.
5:THE BLOCK ELEMENTARY EDUCATION OFFICER HAILAKANDI DIST.- HAILAKANDI ASSAM PIN- 788151.
6:THE BLOCK ELEMENTARY EDUCATION OFFICER LALA DIST. HAILAKANDI ASSAM PIN- 788163.
7:THE BLOCK ELEMENTARY EDUCATION OFFICER KATLICHERRA DIST.- HAILAKANDI ASSAM PIN- 788161 Advocate for the Petitioner : MR. S B LASKAR Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
24.06.2022 Heard Mr. S B Laskar, learned counsel for the petitioners and Mr. B Koushik, learned Standing counsel, Elementary Education Department, Assam for the respondent Nos. 1 to 7.
The State Government in the Elementary Education Department by communication dated 02.03.2010 prescribed a procedure for promotion to the post of Head Master/ Head Mistress of provincialised M.E./M.E.M./M.V. and Senior Basic School in the State of Assam.
As per the communication dated 02.03.2010, the posts of Head Master/Head Mistress in provincialised M.E./M.E.M./M.V and Senior Basic School are promotional posts and appointment to such posts is required to be made on the basis of seniority/efficiency and after recommendation of the District Level Selection Committee, to be constituted by the Director of Elementary Education, Assam.
Further, the District Level Selection Committee is required to prepare a sub division wise Gradation List of teachers, separately for M.E./M.E.M./M.V. and Senior Basic School in order of seniority showing date of appointment, technical qualifications, order of passing of training, age on the date of appointment, date of retirement and the same is required to be communicated to all incumbents with copies to all the concerned authorities for information.
Further, the said communication dated 02.03.2010 also clarified that the District Level Selection Committee shall follow the Assam Scheduled Castes and Scheduled Tribes (Reservation of vacancies in Services and Posts) Act, 1978 and prepare a penal of teachers for the post of Head Master/Head Mistress of provincialised M.E./M.E.M./M.V. and Senior Basic Schools.
In the case in hand, the petitioners claim that their names are in the Gradation List for the district of Hailakandi for their promotion to the post of Head Master/Head Mistress of provincialised M.E./M.E.M./M.V. and Senior Basic Schools of the district of Hailakandi.
The petitioners are praying that as their names are available in the Gradation List published by the District Selection Committee, Hailakandi, therefore, direction should be issued to the State Government in the Elementary Education Department as well as the Director of Elementary Education, Assam to issue necessary order for promotion of the petitioners to the posts of Head Master/Head Mistress of provincialised M.E./M.E.M./M.V. and Senior Basic Schools of the district of Hailakandi as per the minutes of the District Selection Committee dated 30.01.2021 and further to set aside any such fresh selection process for promotion to the post of Head Master/ Head Mistress of provincialised M.E./M.E.M./M.V. and Senior Basic Schools of the district of Hailakandi in terms of the letter of the Director of Elementary Education, Assam dated 31.03.2022.
On being enquired, both the learned counsel for the petitioners as well as the counsel for the respondents submitted that the Gradation List prepared by the District Level Selection Committee, Hailakandi on 30.01.2021 is yet to be approved by the WPT&BC Department of the State specifying the vacancies for the reserved categories for the post of Head Master/ Head Mistress of any such provincialised M.E./M.E.M./M.V. and Senior Basic Schools of the district of Hailakandi.
Considering the above, this Court is of the view that unless such posts are identified by the WPT&BC Department for the reserved categories in terms of said notification dated 02.03.2010, there shall be no such appointment to the post of Head Master/ Head Mistress of provincialised M.E./M.E.M./M.V. Senior Basic Schools of the district of Hailakandi. Hence, this writ petition being premature, is not maintainable and accordingly stands dismissed.
JUDGE Comparing Assistant
