Gauhati High Court
Sri Asit Baran Paul vs The State Of Assam And 8 Ors on 18 March, 2019
Bench: Ajjikuttira Somaiah Bopanna, Arup Kumar Goswami
Page No.# 1/3
GAHC010036692019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 969/2019 in WA 76/2019
1:SRI ASIT BARAN PAUL
S/O- LATE AMULYA BHUSAN PAUL
MA (ECONOMICS)
B.ED.,PRINCIPAL
PRINCIPAL BHIKAMCHAND BALIKA HIGHER SECONDARY SCHOOL
CHARBAZAR
P.O.
P.S. AND DIST.- KARIMGANJ
ASSAM, PIN- 788711
VERSUS
1:THE STATE OF ASSAM AND 8 ORS
REP
BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF SECONDARY EDUCATION
DISPUR
GUWAHATI
ASSAM, PIN- 781006
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI
ASSAM, PIN- 781019
3:THE INSPECTOR OF SCHOOLS
KARIMGANJ DISTRICT CIRCLE
DIST. KARIMGANJ
ASSAM
PIN- 788001
4:SRI BIMAL CHANDRA DAS
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THE CHAIRMAN
THE SCHOOL SELECTION COMMITTEE
R/O- SILCHAR ROAD
NEAR SENCO PETROL PUMP
P.O. AND DIST.- KARIMGANJ
PIN- 788713
5:SMTI. DEBOJANI BHATTACHARJEE
MEMBER SECRETARY
SCHOOL SELECTION COMMITTEE
ASSISTANT TEACHER
BHIKAMCHAD BALIKA VIDYANIKETAN HIGHER SECONDARY SCHOOL
P.O. AND DIST.- KARIMGANJ
ASSAM
PIN- 788711
6:SMTI. SUSMITA SUKLYABAIDYA
MEMBER SCHOOL SELECTION COMMITTEE
POST GRADUATE TEACHER
BHIKAMCHAD BALIKA VIDYANIKETAN HIGHER SECONDARY SCHOOL
P.O. AND DIST.- KARIMGANJ
ASSAM
PIN- 788711
7:SMTI. MOULI DHAR
MEMBER SCHOOL SELECTION COMMITTEE
GUARDIAN REPRESENTATIVE
C/O- ASHIM JYOTI DHAR
R/O- CHARBAZAR
P.O. AND DIST.- KARIMGANJ
ASSAM
PIN- 788711
8:THE UNIVERSITY GRANTS COMMISSION
(UGC)
REPRESENTED BY ITS DIRECTOR
BAHADUR SHAH ZAFAR MARG
NEW DELHI- 110002.
9:SRI PURNENDU SEKHAR DEBNATH
S/O- LATE BENOD BEHARI DEBNATH
POST GRADUATE TEACHER
BENGALI BHIKAMCHAD BALIKA VIDYANIKETAN HIGHER SECONDARY
SCHOOL
P.O. AND DIST.- KARIMGANJ
ASSAM
PIN- 788711.
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Advocate for the Petitioner : MR. K N CHOUDHURY
Advocate for the Respondent : SC
SEC. EDU.
BEFORE
HON'BLE THE CHIEF JUSTICE MR. AJJIKUTTIRA SOMAIAH BOPANNA
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI
ORDER
18.03.2019 [A.S. Bopanna, CJ] Heard Mr. S. Sutradhar, learned counsel for the applicant/appellant. Also heard Mr. S.K. Ghosh, learned standing counsel, Education (Secondary) Department, Mr. A. Chamuah, learned standing counsel, UGC and Ms. N. Saikia, learned counsel, appearing for respondent No.9.
The instant application is filed by the appellant seeking that the order passed by the learned Single Judge be stayed. Though detailed arguments are addressed by the learned Senior counsel for the appellant and we have thought it appropriate to admit the appeal for consideration on its merit, in so far as the interim prayer is concerned, we are of the opinion that stay of the order of the learned Single Judge is not called for at this juncture.
This is for the reason that at the outset it is noticed that the post-graduation certificate obtained by the appellant though is of the year 2013, is obtained from the deemed to be university, namely, Madurai Kamaraj University situated in Tamilnadu and admittedly the examination had not been conducted and attended to by the appellant at that place.
In such circumstance, allowing the appellant to continue in the post based on such certificate would not, prima facie, arise. Further what is also taken note is that the Director of Secondary Education, pursuant to the order passed by the learned Single Judge, has passed an order dated 27.02.2019, whereby in-charge arrangement of the Principal is made.
In that view, the prayer for stay is declined. The application is, accordingly, disposed of.
Sd/- Sd/-
JUDGE CHIEF JUSTICE
Comparing Assistant