LAWS(GAU)-2010-8-132

JULHASH ALI Vs. STATE OF ASSAM AND OTHERS

Decided On August 31, 2010
JULHASH ALI Appellant
V/S
State of Assam and Others Respondents

JUDGEMENT

(1.) The determination of inter se seniority between the petitioner, respondent No. 4 and respondent No. 5 and the arrangement where under the respondent No. 4 has been allowed to hold the charge of the office of the Headmistress of the Uttar Barpeta High School, Barpeta (for short hereafter referred to as the School), is the subject matter of scrutiny in the instant proceeding. The order impugned is dated 11.05.2009, passed by the Director of Secondary Education, Assam, Kahilipara.

(2.) I have heard Mr. AM Mazumdar, Senior Advocate assisted by Mr. R Islam, Advocate for the petitioner, Mr. UK Goswami, learned Standing Counsel, Education Department, Assam and Mr. AM Buzarbaruah, learned counsel for the respondent Nos. 4 & 5.

(3.) In his affidavit, the Director of Secondary Education, Assam while endorsing the above determination, has referred to Rule 24 (2) (i) of Assam Secondary Education (Provincialisation) Service Rules, 2003 (hereafter for short referred to as the Rules). The above conclusion has also been affirmed by the respondent No. 4 in her individual counter. She has further averred with regard to Rule 14 (4) (i), in particular, that the criteria of being a graduate in Arts, Science and Commerce together with B.Ed. or BT degree is not indispensably essential for a candidate to be eligible for being considered for the post of Headmaster of a school governed by the Rules and that one with a higher academic qualification sans B.Ed. or BT degree is also entitled to be promoted to that post. She has therefore, asserted against being academically deficient compared to the petitioner to hold the charge of the office of the Headmistress of the School.