SALEHA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.K. Choudhury, learned Senior Counsel, assisted by Mr. P. Bhardwaj, learned counsel for the petitioner. Also heard Mr. R. Mazumdar, learned standing counsel for the Secondary Education Department, respondent nos. 1 to 4 and Mr. P. Saikia, learned Govt. advocate appearing for respondent no.5.

(2.) It appears that from the facts of the case that the petitioner herein is the victim of circumstances which is beyond control. The case of the petitioner is that she was enrolled in the CMJ University, Meghalaya from where she had passed her M.A. degree in Philosophy in the year 2011. Nonetheless, prior to obtaining her degree, she was appointed as a Principal of Hazi Amsar Ali Mukhtar Girls Senior Secondary School, Morigaon on 25/7/2000. The petitioner was otherwise eligible for provincialisation of her service under the relevant Act. After due process, the name of the petitioner appeared in the select list of the State Level Scrutiny Committee. However, there was an observation that the M.A. degree of the petitioner was required to be verified. However, on 11/2/2021 when the select list was uploaded the name of the petitioner did not figure in the select list. Moreover, none of the teaching and non-teaching staff of the said school were in the list.

(3.) Aggrieved by non approval of the her name for provincialisation, the petitioner had approached this Court by filing WP(C) 3260/2021 and this Court by an order dt. 15/7/2021 disposed of the writ petition by issuing a direction on the respondent no.1 i.e. the Commissioner and Secretary to the Govt. of Assam, Secondary Education Department to pass a reasoned order. However, the learned Senior Counsel for the petitioner submits that till date no order has been passed by the respondent no.1 pursuant to the direction contained in order dtd. 15/7/2021.