MUKUT CHANDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. DK Sarmah, learned counsel for the petitioner, Ms. P Chakraborty, learned counsel for the Secondary Education Department appearing for the respondent Nos. 1, 2 and 4 and Mr. SR Barua, learned counsel for the respondent No.3 being the Deputy Commissioner, Kamrup (R) as well as Mr. PK Roy Choudhury, learned counsel for the respondent No.6. None appears for the respondent No. 5. Considering it to be a matter of the year 2014, we deem it appropriate not to grant any further time for the said respondent to appear before the Court.

(2.) The petitioner namely Sri Mukut Chandra Das was appointed as an Assistant Teacher in the Pragati High School, Rangia on 23.09.1994 and he has the qualification of B.Sc, B.Ed and Prabin. The respondent No.6 Sri Thaneshwar Kalita on the other hand was appointed as an Assistant Teacher in the Pragati High School on 10.11.1986. Thereafter, he had left the school on 20.10.1990 and served in another school up to 31.08.1991, but he was again re-appointed in the Pragati High School, Rangia in the year 1992. Even if the respondent No.6 is construed to have been appointed in the year 1992, still from the point of view of appointment, the respondent No.6 would be senior to the writ petitioner.

(3.) Late Chand Mohammad Ali was the Headmaster of Pragati High School and he died in the year 2012. On his death, the Managing Committee of the Pragati High School took a resolution dated 04.11.2012 to appoint the petitioner Sri Mukut Chandra Das as the Headmaster of the school on the premises that he was the only teacher in the school who has the qualification both as graduation and B.Ed. The said resolution of the Managing Committee appointing the petitioner Sri Mukut Chandra Das was assailed by Sri Thaneshwar Kalita in WP(C) No.5510/2012, which was given a final consideration by the order dated 20.11.2013.