MAHESWAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner, who is a Hindi Teacher of Bagta BS High School has put to challenge the action of the respondent authorities in appointing the respondent no. 3 in the post of Assistant Head Master of the said School. The petitioner alleges that there is violation of an Office Memorandum dtd. 22/9/2016. The petitioner has based his claim to the said post of Assistant Head Master on the strength of being the senior most Assistant Teacher in the said High School.

(2.) Before going to the issue which has arisen for adjudication, it would be convenient to place the facts of the case in brief.

(3.) The petitioner is a Hindi Teacher of the School in question. Pursuant to a policy decision published by an Office Memorandum dtd. 22/9/2016, an exercise of amalgamation was taken in the year 2017, the Bagta BS ME School and Bagta BS MV School were amalgamated with the Bagta BS High School. It is the case of the petitioner that on such amalgamation, by following the relevant provisions of the aforesaid Office Memorandum, the Head Master of the MV School was made the Assistant Head Master of the amalgamated School. The said incumbent was one Shri Sarat Ch. Kalita. However, vide a corrigendum published on 19/7/2019, the respondent no. 3 was appointed as the Assistant Head Master of the School. The petitioner claims that there is no provision for accommodation of a Head Master of an MV School in an amalgamated School as Assistant Head Master and the said post is required to be filled up by direct recruitment, in which case, the petitioner would have a chance.