ASER UDDIN MONDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this writ petition, the petitioner, Md. Aser Uddin Mondal, questioned the validity of the selection and appointment of the respondent Nos. 4 Abdul Kuddus Sarkar, on promotion to the post of Headmaster in Baroialga ME Madrassa by contending, inter alia, that the writ petitioner is a senior-most teacher of the said school who had rendered more than 25 years of service and the private respondent is junior to the writ petitioner. Supporting the case of the writ petitioner, Mr Choudhury, learned senior counsel, submitted that the Director of Elementary Education, Assam, gnisled the Court inasmuch as in the related affidavit-in-opposition, he stated that the writ petitioner does not possess the requisite qualification for the post of Headmaster as his academic qualification is only matriculation and, apart from that, there was no proper selection process for appointment to the post of Headmaster in terms of the related service rules and promotion was made in defiance of the procedure for promotion to the post of Headmaster ME/MR Madrassa, etc. etc. Supporting the case of the writ petitioner, Mr Choudhury has drawn my attention to the notification dated 13.8.86 and submitted that the selection for the post of Headmaster of ME and Middle School shall be made strictly on the basis of seniority-cum-efficiency and moreover, the minimum qualification for promotion to the post of Headmaster was is atleast matriculation or HSLC examination pass and this aspect has been ignored by the Director of Elementary Education, Assam. It is also argued by Mr Choudhury that there is no advertisement nor held any selection process. Though the petitioner was qualified and eligible for promotion to the post of Headmaster his case has been ignored and the authority concerned had lost its sight to the difference between "Gradation List and Select List" while affording promotion to the private respondent to the post of Headmaster. As the promotion of the private respondent to the post of Headmaster has been made wrongly and in defiance of the related circular/notification dated 13.8.86, the appointment of the private respondent to the post of Headmaster deserved to be quashed.

(2.) At the hearing Mr B.J. Talukdar, learned GA, Assam, produced a copy of the Sub-Division wise select list under Dhubri district which was made on 18.2.99 and contended that in terms of the related order dated 18.2.99 as many as 24 candidates for the Sub-Division SS Mancachar and more than 40 candidates in respect of Sub-Division Dhubri and Bilasipara have been selected for promotion to the post of Headmaster by the District Level Selection Committee reconstituted under the related Government order dated 13.8.86 which was duly communicated by the authority to allconcerned. I have perused the related office letter dated 11.6.2002 issued by the Deputy Director of Elementary Education, Assam, containing the said select list for promotion to the post of Headmaster/Headmistress. To secure ends of justice, these documents are hereby formed part of the record and market as "X" series.

(3.) According to BJ Talukdar, learned GA, Assam, there is no infirmity or illegality in the impugned order pertaining to the promotion of the private respondent to the post of Headmaster.