NALIN CHANDRA GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. K. Phukan, learned counsel for the writ petitioner. Also heard Mr. A. Lall, learned Standing counsel, Education Department, Government of Assam, appearing on behalf of respondent Nos. 1, 2 and 3.

(2.) The case of the petitioner is, in brief, thus: The petitioner joined, on 01.06.1978, as an Assistant Teacher, in Pathalibam ME School, in the district of Dibrugarh, Assam. He became a Senior Graduate Teacher on 01.06.1991 and joined as the Headmaster of Pathalibam ME School on 01.02.1999. The said Pathalibam ME School was amalgamated with Pathalibam High School on 06.06.2005 and, on the amalgamation, the petitioner was allowed to function as Assistant Head Master (Academic), in Pathalibam High School, with effect from 12.12.2005. On the retirement of the Head Master of the said Pathalibam High School on 31.03.2007, the present petitioner joined as i/c Head Master in the said High School on 04.05.2007. As the process of selection of a regular Head Master for the said High School has been set in motion and the petitioner has not been called for taking part in the selection process, the petitioner, aggrieved by the action of the respondents/authorities concerned in not calling the petitioner to appear, in the interview, for the post of Head Master, the petitioner has filed this writ petition claiming that he has the right to be called to participate, in the selection process, for the post of Head Master of the said High School.

(3.) In support of his contention, the petitioner relies on sub-Rules (3) and (4) of Rule 14 of the Assam Secondary Education (Provincialised) Service Rules, 2003 (hereinafter referred to as ''2003 Rules''). For the sake of clarity, the relevant provisions of the said sub-Rules are reproduced below: