Gauhati High Court
Apurba Das vs The State Of Assam And 3 Ors on 5 April, 2019
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010073872019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2288/2019
1:APURBA DAS
S/O- LT KARUNA KANTA DAS, R/O- VILL- BHUMURAGURI, P.O. JAGIROAD,
DIST- MORIGAON, ASSAM, PIN- 782410
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
(SECONDARY) DEPTT., DISPUR, GHY-6
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE INSPECTOR OF SCHOOLS
MORIGAON DISTRICT CIRCLE
DIST- MORIGAON
ASSAM
PIN- 782105
4:SCHOOL MANAGING COMMITTEE OF JAGIROAD HIGHER SECONDARY
SCHOOL
REP. BY THE PRESIDENT
P.O. JAGIROAD
DIST- MORIGAON
ASSAM
PIN- 78241
Advocate for the Petitioner : MR. T J MAHANTA
Advocate for the Respondent : SC, SEC. EDU.
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 05-04-2019 Heard Mr. T. J. Mahanta, learned Senior counsel, assisted by Mr. B. Gogoi, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned Standing Counsel, Secondary Education Department for the respondent Nos. 1, 2 and 3.
Petitioner, pursuant to the advertisement dated 21.06.2016 on being selected by the Selection Committee and duly approved by the State Government in the Secondary Education Department for the post of Principal in Jagiroad Higher Secondary School, Morigaon, was appointed as its regular Principal, for which the Director of Secondary Education, Assam, on 02.05.2017, issued the appointment order to him. While the petitioner was serving as Principal of the said School, one of its teachers namely, Hormohan Kalita, who was at the 2 nd position of the select list and another namely, Anjur Ali, preferred WP(C) No. 2636/2017 and WP(C) 3996/2017 respectively, challenging the selection of the petitioner.
During the pendency of the said writ petitions, the State Government submitted that it has issued a speaking order on 10.01.2019, regarding holding a fresh interview for the post of Principal in the said Jagiroad Higher Secondary School with the intimation that earlier selection for the same has been cancelled and the Inspector of Schools, Morigaon was directed to reconstitute the School Managing Committee as per the guidelines and to hold fresh interview from amongst the candidates, who had applied pursuant to the advertisement dated 21.06.2016.
For the said reasons, by order dated 27.02.2019, both the aforesaid writ petitions were disposed of.
The grievance of the petitioner is that the respondents in the Secondary Education Department without affording any opportunity of hearing to him, passed the impugned speaking order dated 10.01.2019.
Pursuant to the direction of this Court passed yesterday, Mr. Sarma, learned Standing Counsel, placed the relevant records before the Court, in which the speaking order dated 10.01.2019 goes to show that the selection list did not contain the signature of the guardian member Anjur Ali Page No.# 3/3 and found it to be technical irregularity and took the said decision cancelling the earlier selection.
Issue notice returnable by 22.05.2019.
As Mr. N. Sarma, learned Standing Counsel, has accepted notice on behalf of the respondent Nos. 1, 2 and 3, no formal notice is required to be issued to those respondents. However, the petitioner shall serve requisite extra copies to Mr. N. Sarma, learned Standing Counsel.
The petitioner shall take steps for service of notice on the respondent No. 4 by registered post with A/D within two days from today, providing its correct and proper address with requisite postal stamps.
Till the returnable date, i.e., 22.05.2019, status-quo as on today with regard to the Principal of said Jagiroad Higher Secondary School involved in this case shall be maintained by the parties.
The respondents in the Secondary Education Department shall again produce the relevant record on the returnable date.
JUDGE Comparing Assistant