M C BORA Vs. DIST ELEMENTARY EDUCATION OFFICER

JUDGEMENT

(1.) This is an application under Art. 226 of the Constitution against the order dated 3-5-88 issued by the District Elementary Education Officer, North Lakimpur regarding the writ petitioner.

(2.) In order to meet the needs of the students of villages Chorahani, Nepalibari and Naharani, the public of that area established an M.E. School in the year 1984 and the writ petitioner was appointed as founder Headmaster of the said school. The petitioner even now is working as Headmaster of the said School. It may be stated that the writ petitioner passed Matriculate examination in the year 1962 and thereafter also passed P.U. (commerce) examination. The petitioner joined B. Com. course in the year 1963, but he failed in the first year of B. Com. part-I examination. The position has undergone a change after filing of the writ petition inasmuch as the writ petitioner passed the B.A. Part-I examination. The school applied for recognition and thereafter the impugned order was passed by the District Elementary Education Officer, North Lakhimpur. In the said letter, it was stated in clause (B) under the heading 'Conditions' that the extra and nonqualified teacher, Sri Manik Bora is to be removed, from the School before recognition.

(3.) In the counter, it has been stated that Shri Manik Bora is not qualified to be appointed as Headmaster of M.E. School in question inasmuch as he has not passed two years P.U. Examination which is the only point to be decided in this petition.