SMT. RANJALI DEVI Vs. STATE OF ASSAM THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, GUWAHATI AND OTHERS

JUDGEMENT

(1.) Challenge in this writ petition is made against the order dated 25.9.2003 issued by the Inspector of Schools. Dhubri District Circle, ('DDC' for short), Dhubri whereby and whereunder the name of the petitioner has been dropped from the provisionally approved list of teaching staff of the school though her name appeared at S. No. 5 in the resolution No. 2 dated 12.3.2002 of the Managing Committee of the school sent to the Inspector of Schools. DDC. Dhubri for approval of the appointments of the teachers/employees.

(2.) Before going into the controversy it would be appropriate to narrate the facts of the case in a nutshell. Helagart Bholanath High School was established for imparting coeducation meant for both boys and girls. The necessity of teaching staffs being fall short in comparison to student strength. the Managing Committee vide resolution No. 1 of the Executing Meeting date 24.11.1997 appointed the petitioner as assistant teacher of the school being found eligible and qualified for the said post and accordingly she joined in the school on 25.11.1997 and continuing as such uninterruptedly till date. The said school was recognised by the Board of Secondary Education Assam ('SEBA' for short) for class IX and X on 28.10.1997 and 27.11.1998 respectively. Under the Regulation for recognition of High School it is mandatory that for the purpose of recognition of a co-educational school, the school should have at least one lady teacher and the petitioner being a female teacher, the competent authority recognised the school. Thereafter the Managing Committee vide resolution No. 2 dated 12.3.2002 proposed the name of 10 (ten) teachers for being provisionally approved by the Inspector of Schools for the purpose of Provincialisation of the school and in the said list, petitioner's name appeared at serial No. 5. But the Inspector of Schools while provisionally approving the list of the teachers vide order dated 25.9.2003 dropped the name of the petitioner from the approved list thereby causing an apprehension in the mind of the petitioner that her service would not be provincialised as and when the school is provincialised and hence the writ petition.

(3.) Heard Mr. A.M. Buzarbarua. learned Counsel appearing for the petitioner. Also heard Mr. M.K. Mishra. learned Standing Counsel. Education Department appearing for the respondents.