Gauhati High Court
Trailokya Nath Das vs The State Of Assam And 7 Ors on 9 April, 2019
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010077032019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2373/2019
1:TRAILOKYA NATH DAS
ASSISTANT TEACHER, CHENGA H.S.SCHOOL, S/O LT. DHARMA KANTA
DAS, R/O BARPETA, DIST.-BARPETA, ASSAM, PIN-781309
VERSUS
1:THE STATE OF ASSAM AND 7 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
EDUCATION (SECONDARY)DEPTT. DISPUR, GUWAHATI-781006
2:THE JOINT SECRETARY
TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY)DEPTT. AND CHAIRMAN
STATE SELECTION BOARD
DISPUR GUWAHATI-781006
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM KAHILIPARA
GUWAHATI-19
4:THE INSPECTOR OF SCHOOLS
BARPETA DIST. CIRCLE
BARPETA PIN-781315
5:THE STAET SELECTION BOARD
REP. BY ITS MEMBER SECRETARY
KAHILIPARA GUWAHATI-781019
6:SCHOOL SELECTION COMMITTEE OF CHENGA H.S.SCHOOL
BARPETA
REP. BY ITS CHAIRMAN CUM SMDC PRESIDENT BINOD BARMAN
P.O. CHENGA DIST.-BARPETA
ASSAM PIN-781315
Page No.# 2/4
7:DHARMANANDA THAKURIA
ASSISTANT TEACHER
PATACHARKUCHI VIDYAPITH H.S.SCHOOL
S/O SRI HAREKRISHNA THAKURIA
R/O VILL. RAHADHAR BIRKALA
WARD NO. 10
P.O PATHSALA(RAIPUR)
P.S.-PATACHARKUCHI
DIST.-BARPETA
ASSAM PIN-781325
8:MUKUL KRISHNA MISHRA
S/O SRI JIBAN KRISHNA MISHRA
R/O VILL BRINDABONHATI
P.S.-BARPETA P.O-BARPETA
DIST.-BARPETA ASSAM
PIN-78130
Advocate for the Petitioner : S N SARMA
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
09-04-2019 Heard Mr. S. N. Sarma, learned Senior counsel assisted by Mr. M. Hussain, learned counsel for the petitioner. Also heard Mr. B. Talukdar, learned Standing counsel, Secondary Education Department for the respondent Nos. 1 to 5, Mr. U. K. Nair, learned Senior counsel assisted by Mr. A. Chetri, learned counsel for the respondent No.7 and Mr. A. Deka, learned counsel for the respondent No.8.
Pursuant to the advertisement dated 17.12.2017 with regard to the appointment of regular Principal of Chenga Higher Secondary School in the district of Barpeta, the petitioner, the respondent No.7 and the respondent No.8 applied for the same and participated in the selection process, that was held on 14.06.2018. The School Selection Committee after such selection for the said advertised post placed the petitioner at first position, respondent No.7 at second position and the respondent No.8 at third position in the select list and forwarded Page No.# 3/4 the same to the Director of Secondary Education, Assam through the Inspector of Schools, Barpeta as per the provisions of Rule 13 of Assam Secondary Education (Provincialised) Service Rules, 2003.
The respondent No. 3 preferred writ petition being WP(C) No.5534/2018 wherein the present petitioner was made respondent No.5 and challenged his selection with regard to his placement in the merit position at Srl. No.1 as selected by the School Selection Committee of Chenga H.S. School.
This Court by order dated 08.08.2018 disposed of the said WP(C) No. 5534/2018 directing the respondents in the Secondary Education Department to consider the representation of the said petitioner (respondent No. 7 herein) dated 31.07.2018 and to pass necessary order/recommendation to the said post on adhering the provisions of Rule 12 and 13 of said 2003 Rules and the OMs and Guidelines of the State Government in the Education Department pertaining to allotment of marks for selection of the candidates to the post of Principal in provincialised H.S. Schools. Pursuant to the said direction, the State Selection Committee on 20.11.2018 relooked into the matter and thereafter, placed the respondent No.7 at first position, respondent No.8 in second position and the present petitioner at third position in the panel to the post of Principal in said Chenga H.S. School and thereafter, pursuant to the approval of the State Government in the Secondary Education Department and the State Selection Board, Assam on 08.03.2019, the Director of Secondary Education, Assam by his order dated 08.03.2019 appointed the respondent No.7 as Principal of said Chenga H.S. School on regular basis in the vacant sanctioned post which is under challenge in the present writ petition.
Pursuant to the order passed yesterday i.e., on 08.04.2019, Mr. B. Talukdar, learned Standing counsel, Secondary Education Department, Assam placed all Government records of the Secondary Education Department pertaining to selection and appointment of Principal in said Chenga H.S. School bearing No. ASE.555/2015(P-30153), ASE 88/2014/Pt-I(P-34379) and ASE. 82/2014/Pt-I, including the relevant documents and testimonials of the writ petitioner, respondent No. 7 and respondent No. 8.
It is seen that the State Selection Committee re allotted the marks to the petitioner, Page No.# 4/4 respondent No.7 and respondent No.8 in terms of the OMs dated 01.08.2017. The petitioner and the respondent No.8 are entitled to submit their objections, if any with regard to such allotment of marks to them.
Issue notice returnable by 30.04.2019.
As Mr. Mr. B. Talukdar, learned Standing counsel, Secondary Education Department accepts notice on behalf of the respondent Nos. 1 to 5, Mr. A. Chetri, learned counsel accepts notice on behalf of the respondent No.7 and Mr. A. Deka, learned counsel accepts notice on behalf of the respondent No.8, no formal notices need to be issued to those respondents. However, petitioner shall serve requisite extra copies of this writ petition along with the annexures appended thereto to Mr. B. Talukdar, Mr. A. Chetri and Mr. A. Deka within 2 days from today and shall obtain necessary acknowledgement in that regard.
Petitioner shall take steps for service of notice on the respondent No. 6 by Registered post with A/D within two days from today by providing correct and proper address with requisite postal stamps.
The respondents in the Secondary Education Department shall provide the photocopies of the selection process and marks allotted to the petitioner, respondent No.7 and respondent No.8 by the State Selection Committee within two days from today, without fail.
The respondents in the Secondary Education Department shall make available the records noted above on the returnable date.
Till the returnable date (i.e., 30.04.2019) the interim order passed on 08.04.2019 shall remain in force.
JUDGE Comparing Assistant