ABDUL MATIN SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The order dated 13.6.2007 of the Commissioner and Secretary, Government of Assam, Education (Secondary) Department adjudging the Respondent No. 5 to be senior to the Petitioner constitutes the subject-matter of challenge in the instant proceeding.

(2.) I have heard Mr. U. Bhuyan, learned Counsel for the Petitioner and Mr. U.K. Goswami, learned Standing Counsel for the official Respondents. Also heard Mr. M.A. Sheikh, learned Counsel for Respondent No. 5.

(3.) The Petitioner has staked his claim to the post of Headmaster of Ismail Hussain High School ('the School'), which had fallen vacant on 28.2.2006. By the order dated 27.2.2006 of the Inspector of Schools, Kamrup, District Circle, Guwahati, the then Assistant Inspector of Schools, Kamrup District Circle, Guwahati was allowed to hold the same pending final arrangements. While the matter rested at that, by an order dated 23.3.2006 of the Director of Secondary Education, Assam, Respondent No. 5, the Assistant Headmaster of the said School was allowed to hold the charge of the said office. This Respondent initially had been the Headmaster of the Rangapani Islamia M.E. Madrassa, which got amalgamated with the Ismail Hussain High School on 7.9.1999 and in terms of the prevalent norms started functioning as the Assistant Headmaster of the High School.