Suruj Gogoi vs The State Of Assam And 4 Ors on 5 February, 2020

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Gauhati High Court

Suruj Gogoi vs The State Of Assam And 4 Ors on 5 February, 2020

Bench: N. Kotiswar Singh

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GAHC010068532019




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C) 2183/2019

         1:SURUJ GOGOI
         S/O- SUREN GOGOI, R/O.- LAKHIMI ALI, P.O. NAZIRA, DIST.- SIBSAGAR,
         ASSAM.

         VERSUS

         1:THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY, EDUCATION
         (SECONDARY) DEPTT., DISPUR, GUWAHATI-06.

         2:THE DIRECTOR OF SECONDARY EDUCATION
          KAHILIPARA
          GUWAHATI-19.

         3:THE INSPECTOR OF SCHOOLS
          SIVSAGAR DISTRICT CIRCLE
          SIVSAGAR
         ASSAM.

         4:THE PRINCIPAL-CUM- MEMBER SECRETARY
          DEMOW H.S. SCHOOL
          DEMOW
          P.O. AND P.S. DEMOW
          SIVSAGAR
         ASSAM- 785662.

         5:SMT. DIMPI BORA
          C/O BHABEN CH. BORA
          R/O ARUNODOI PATH
          NEAR CIVIL HOSPITAL
          SECTOR-2
         TINSUKIA
          P.O. AND P.S. TINSUKIA
          PIN- 786125
                                                                                    Page No.# 2/3


Advocate for the Petitioner   : MS. J CHETTRY

Advocate for the Respondent : SC, SEC. EDU.

BEFORE HON'BLE MR.JUSTICE N. KOTISWAR SINGH order 05-02-2020 Heard Ms. S. Kanungoe, learned counsel for the petitioner. Also heard Ms. P. Chakraborty, learned Standing Counsel, Secondary Education Department.

The only issue raised in this petition is whether the respondent no.5 who has been appointed as a subject teacher in Physics possess the qualification required i.e. M.Sc. in Physics.

The petitioner's stand is that since the respondent no.5 is a Post Graduate in Electronics Science, she cannot be said to be possessing the qualification of M.Sc. Degree in Physics, in which event her appointment to the post of Post Graduate teacher in Physics is illegal. In fact, on an earlier occasion her case was rejected by the Selection Committee for appointment to the post of PGT in Physics on the ground that M.Sc. in Electronics Science is not a degree of M.Sc. in Physics, which decision of the Selection Committee was not interfered with by this Court in WP(C) No.4923/2014. Accordingly, the recommendation of the respondent no.5 for appointment as PGT in Physics without possessing the M.Sc. Degree in Physics but possessing M.Sc. Degree in Electronics Science is illegal.

Ms. P. Chakraborty, learned Standing Counsel, Secondary Education Department, prays for some time to take instructions in this regard.

Page No.# 3/3 List the matter on 19.02.2020.

Registry shall reflect the name of Ms. P. Chakraborty, learned Standing Counsel, Secondary Education Department, in the cause-list.

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