KUSHESWAR BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) AS these writ petitions relate to the process of selection undertaken by the respondent authorities for selecting the teachers for promotion to the post of Headmaster in Middle English (ME) Schools in the district of Morigaon, these are taken up for hearing and disposal together, as agreed to by the learned counsel for the parties.

(2.) WP(C) No. 2826/2008; WP(C) No. 2827/2008; WP(C) No. 2828/2008; WP(C) No. 2829/2008; WP(C) No. 2830/2008; WP(C) No. 2831/2008 and WP(C) No. 2832/2008 are filed by the Headmasters, in-Charge of different ME Schools in the district of Morigaon challenging the selection process undertaken by the respondent authorities basically contending that though the Assam Elementary Education (Provincialisation) Service and Conduct Rules, 1981 (in short, "the 1981 Rules") requires filling up of the post of the Headmaster of ME Schools on the basis of seniority-cum-efficiency, the selection process has been undertaken by the respondent authorities without preparation and publication of the seniority list, as required under Rule 3(iii) of the said Rules. WP(C) No. 5341/2008 has been filed by 4 (four) petitioners (the petitioner No. 4, however, has expired during pendency of the writ petition), whose names were considered by the Selection Committee for the purpose of promotion to the post of Headmaster, praying for a direction to the respondent authorities to finalize the selection process, basically contending that though the Selection Committee constituted for that purpose, prepared the list and sent it to the Director of Elementary Education for approval, no decision has been taken by the Director in that regard and consequently the select list has not been acted upon.

(3.) MR. Pathak, the learned Standing Counsel, Education Department placing reliance on the affidavit-in-opposition filed by the Director of Elementary Education in WP(C) No. 2826/2008 and WP(C) No. 5341/2008 and also referring to the relevant provisions of the 1981 Rules as well as the notification dated 30th August, 1986 (in short, "the 1986 Notification") submits that the Selection Committee prepared the gradation list on the basis of the particulars submitted by the District Elementary Education Officer for the purpose of promotion to the post of Headmaster of the ME Schools in Morigaon district. MR. Pathak, however, referring to the para-wise comment dated 5th September, 2008 furnished by the District Elementary Education Officer, Morigaon to the Director of Elementary Education, which is available on record, submits that the gradation list was prepared by the Selection Committee on the basis of the documents submitted by the teachers and the Service Books of such teachers, who had approached the District Elementary Education Officer. MR. Pathak is unable to draw the attention of the Court to any document on record suggesting the preparation of the gradation list of the teachers and also whether apart from the names of the teachers whose names find place in the list prepared by the Committee, there were other eligible teachers, who came within the zone of consideration and whether the names of such teachers were also considered. MR. Pathak, however, has submitted that though the gradation list was prepared by the District Level Selection Committee, no select list has been prepared by the said Committee and as such, there is no question of forwarding the same to the Director for approval.