Gauhati High Court
R/O- Gerimari vs The State Of Assam And 7 Ors on 29 January, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
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GAHC010017202025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6004/2024
TAPAN KUMAR SHARMA
S/O- LATE DINENDRA NATH SARMA
R/O- GERIMARI
NEAR LAW COLLEGE
MANGALDAI
PIN-784125
DIST- DARRANG
ASSAM
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
DEPARTMENT OF SCHOOL (ELEMENTARY) EDUCATION
DISPUR
GUWAHATI-6
2:THE SECRETARY
TO THE GOVT. OF ASSAM
DEPARTMENT OF ELEMENTARY EDUCATION
DISPUR
GUWAHATI-6
3:THE DIRECTOR
SCERT
ASSAM
KAHILIPARA
GUWAHATI-19.
Page No.# 2/5
4:THE ACCOUNTANT GENERAL (A AND E)
TRINAYAN PATH
KRISHNAPUR
MAIDAMGAON
BELTOLA
GUWAHATI 781029
KAMRUP (M)
ASSAM
5:DR. LAWANU BORDOLOI
SHIKSHAN MAHABIDYALAYA
COLLEGE OF TEACHER EDUCATION
NAGAON
DIMORUGURI
P.O- ITACHALI
DIST- NAGAON
ASSAM
PIN-782003
6:DR. GOPAL KRISHNA BHARATI
GOVERNMENT COLLEGE OF TEACHER EDUCATION
KOKRAJHAR
DIMORUGURI
COLLEGE ROAD
BAGANCHALI
TENGAPARA
DIST- KOKRAJHAR
ASSAM
PIN-783370
7:HEMANTA KUMAR TAMULY
COLLEGE OF TEACHER EDUCATION
MANGALDAI
MAGISTRATE COLONY WARD NO-2
DIST- DARRANG
ASSAM
PIN-784125
8:DR. GAYOTRI CHANGKAKOTI
Page No.# 3/5
GOVERNMENT BANIKANTA
COLLEGE OF TEACHER EDUCATION
IASE GUWAHATI LACHIT NAGAR
DIST- KAMRUP METRO
GUWAHATI-07
ASSAM
PIN-781007
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Advocate for : MR. P SENGUPTA
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 7 ORS
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
29.01.2025
1. Heard Mr. S Dutta, learned Senior Counsel for the writ petitioner assisted by Mr. P. Choudhury, learned counsel. Also heard Mr. B. Gogoi, learned counsel for the SCERT, Assam and Mr. B. Chetri, learned counsel for the respondent no.5. The petitioner is aggrieved by the non-inclusion of his name in the Final Gradation List of Professors of Government B.Ed Colleges, IASEs and CTEs under the Directorate of SCERT, Assam.
2. The writ petitioner has accordingly made the following prayer. Firstly, the respondents should be directed to delete the name of the petitioner from the provisional Draft Gradation List of Senior Lecturers of DIET. Secondly, to formally encadre the service of the petitioner w.e.f. 01.09.2017 in the Final Gradation List of Professors of Government B.Ed Colleges, IASEs and CTEs.
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3. The case of the respondent no.5 as projected in I.A(C) 172/2025 which has been disposed of today, is that the respondent no.5 would be senior to the writ petitioner as Professor in the CTE, even if the petitioner's writ petition is allowed by this Court. As such, the vacant post of Principal in Government Shikshan Mahavidyalay (CTE), Nagaon should be filled up by the State respondents, by considering the respondent no.5 for the said post, inasmuch as, the respondent no.5 is having all the eligibility criteria required for appointment to the said post. However, due to the interim order dated 20.11.2024 passed by this Court, whereby the Final Gradation List of Professors of Government B.Ed Colleges, IASEs and CTEs dated 04.10.2024 has been suspended, the petitioner cannot be considered for promotion to the said vacant post of Principal.
5. Mr. B. Gogoi, learned counsel for the SCERT, Assam submits that the interim order dated 20.11.2024 is blocking the entire promotional prospects of persons, who would be senior to the writ petitioner, even if the writ petition is allowed. As such, the entire administration of the B.Ed Colleges, IASEs and CTEs under the Directorate of SCERT, Assam is suffering, due to the blanket suspension order of the Final Gradation List. He also submits that the only prayer of the writ petitioner in the writ petition is to be included in the Final Gradation List of Professors in Government B.Ed Colleges, IASEs and CTEs. The writ petitioner has not prayed for being considered for promotion and as such, modification of the interim order would not cause any prejudice to the writ petitioner.
6. On considering the submissions made by the learned counsels for the parties and keeping in view the averments made in this writ petition, this Court Page No.# 5/5 is of the view that the interim order dated 20.11.2024 needs to be modified. Accordingly, the interim order dated 20.11.2024 is modified to the extent that the suspension of the Final Gradation List of Professors of Government B.Ed Colleges, IASEs and CTEs dated 04.10.2024 will not be applicable to the Sl. Nos.1, 2 & 3 of the Final Gradation List dated 04.10.2024, as they would be senior to the petitioner, even if the writ petition is allowed.
7. The counsels for the respondents shall file their affidavits within 3 (three) weeks.
8. List the matter after three weeks.
JUDGE Comparing Assistant