For the purpose of assigning in-charge status for a promotional post, the authority must adhere to the prescribed eligibility criteria for regular promotion, and seniority must be the guiding factor among those who meet the minimum statutory qualifications.

ORDER

Heard Mr. J Payeng, Learned Counsel for the Petitioner. Also heard Mr. B Talukdar, Learned Standing Counsel, Department of Elementary Education, Assam, appearing for the respondent Nos. 1, 2, 3, 4 & 5 and Mr. N Bora, Learned Counsel appearing for the respondent No. 6.

2. The petitioner, in the present writ petition, has presented a challenge to an order dated 13.12.2024, issued by the District Elementary Education Officer, Lakhimpur, North Lakhimpur, towards allowing respondent No. 6, to hold the charge of the post of Head Master of Suwansiri Sewasharam M. E School, Lakhimpur.

3. As projected in the Writ Petition, the petitioner was appointed as an Assistant Teacher in Suwansiri Sewasharam M. E School, Lakhimpur, (hereinafter, referred to as the School) on 02.03.2001 and was also authorized a scale of pay. The petitioner joined the said School, as an Assistant Teacher, on 12.03.2001. The petitioner, in the year 2006-2007, was deputed for undergoing the Upper Primary Teachers Training Course at the District Institute of Education & Training, Lakhimpur, and had successfully completed the said course.

The incumbent, in the post of Head-Master, on retiring from her services on attaining the age of superannuation w.e.f 30.11.2024, handed over the charge of the post of Head-Master to the petitioner, as he was the next senior-most Assistant Teacher in the said School, after one Smt. Gitamoni Dutta Borah had refused to accept the charge of the post of Head-Master. The petitioner, accordingly, took over the charge of the said post, after the superannuation of the incumbent, in the said post. While the petitioner was so continuing, the District Elementary Education Officer, (DEEO), Lakhimpur, North Lakhimpur, vide order dated 13.12.2024, proceeded to allow the respondent No. 6, herein, to hold the charge of the post of Head-Master w.e.f 01.12.2024, until further orders or till posting of a regular Head Master by the Department.

Being aggrieved, the petitioner has instituted the present writ petition.

4. Mr. J Payeng, Learned Counsel for the Petitioner, by reiterating the facts noticed, hereinabove, has submitted that the manner of recruitment to the post of Head-Master of an Upper Primary School, is laid down in the notification dated 08.03.2022 and the same mandates that a teacher, who have passed at least Matric/HSLC, Normal or have, at least, intermediate or its equivalent qualification or above and have successfully undergone necessary training, as may be prescribed by the Department, shall only be considered for promotion to the post of Head-Master. Mr. J Payeng, Learned Counsel for the Petitioner has further submitted that while the petitioner had a joined his services, w.e.f 12.03.2001, the respondent No. 6 had so joined his services, in the said School, w.e.f 10.08.2009. It is submitted that the petitioner, herein, fulfills the eligibility criterias, for promotion to the post of Head-Master of an Upper Primary School, as set-out in the notification dated 08.03.2022. However, ignoring the eligibility of the petitioner, to hold the charge of the post of Head-Master, the respondent No. 3, had proceeded to allow the respondent No. 6, to hold the charge of the post of Head-Master, and accordingly, the petitioner, herein, in spite of being eligible and senior to the respondent No. 6, is now required to work under the respondent No. 6, in the School, in question.

5. Mr. J Payeng, Learned Counsel for the Petitioner submits that from the pleadings, brought on record by the respondent No. 2, i.e. Dir