TULUMONI DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A C Borbora, learned senior counsel assisted by Mr. B P Borah, learned counsel for the petitioner. Also heard Mr. B Kaushik, learned counsel for the respondents no. 1, 2, 3, 4 and 6 being the authorities under the Elementary Education Department, Government of Assam and Ms. D D Barman, learned Additional Senior Government Advocate for the respondent no. 5 being the Deputy Commissioner, Nagaon and Mr. B Gogoi, learned counsel for the respondent no. 7 being the Departmental Promotion Committee represented by the Chairman, SCERT as well as Mr. M K Das, learned counsel for the respondent no. 8, Binita Pathak.

(2.) Both the petitioner Dr. Tulumoni Devi and the respondent no. 8 Binita Pathak were Assistant Professors in the Government Sikhshan Mahavidalaya, Nagaon and both claimed eligibility for being promoted to the cadre of Professor. In the process by the impugned notification dtd. 28/12/2021 of the Special Commissioner, Elementary Education Department, Government of Assam, the respondent no. 8 Binita Pathak was allowed to officiate as Professor and was posted on promotion at CTE Nagaon. The notification dtd. 28/12/2021 pertaining to the promotion of the respondent no. 8 Binita Pathak is assailed in this writ petition on the ground that prior to such promotion being meted out to the respondent no. 8, the petitioner also ought to have been considered for similar promotion.

(3.) We have taken note that the Institute CTE, Nagaon and the Government Sikhshan Mahavidalaya, Nagaon are one and the same institute and therefore, it has to be construed that the order of promotion given to the respondent no. 8 Binita Pathak was in respect of Government Sikhshan Mahavidalaya, Nagaon.