MOFUR UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A R Bhuyan, learned counsel for the petitioner. Also heard Mr. R Mazumdar, learned counsel for the respondents no. 1, 2, 3 and 4 being the authorities under the Secondary Education Department, Government of Assam, Mr. N H Barbhuyan, learned counsel for the respondent no. 5 being the authorities under the NCTE as well as Mr. I H Saikia, learned counsel for the respondent no. 6 Md. Muchabbir Ali.

(2.) Both the petitioner as well as the respondent no. 6 participated in a selection process for a regular appointment to the post of Principal of Baleswar Higher Secondary School in the Cachar district.

(3.) It is an admitted position that the selection would be governed by the provisions of Assam Secondary Education (Provincialised) Service Rules, 2003 (in short Rules of 2003) and not by the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (in short Rules of 2018) inasmuch as the process for selection was initiated prior to the enactment of the Rules of 2018. The procedure for appointment under the Rules of 2003 is provided under Rule 13 thereof.