MINA RAM KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this batch of three writ petitions, three graduate teachers are challenging the legality of the order dated 6.8.2013 issued by the Director of Secondary Education, Government of Assam promoting the private respondent (Smt. Archana Medhi) to the post of regular Headmistress of Dora Kahara High School. In WP(C) No. 4516 of 2013, the petitioner (Mr. Mina Ram Kumar) is a graduate in Arts but does not possess B.T. or B. Ed. Degree and was initially appointed as Assistant Teacher of Dora Kohora High School on 12.12.1979, and has been serving in the graduate cadre since then. The post of Headmaster of the school of this school became vacant on 30.11.2001 on the retirement of the incumbent Headmaster on attaining the age of superannuatioa The petitioner was allowed to hold the charge of the post of Headmaster on 22.4.2010 in terms of the order issued by the Inspector of Schools, K.D.C., Kamrup and had been serving in that capacity till the impugned order was issued. In WP(C) No. 5101 of 2013, the petitioner (Mrs. Durga Moni Borgohain) is having the qualifications of B.A., M.A. (Sanskrit) and B. Ed. Degrees and was initially appointed as Graduate Assistant Teacher of Sajei Girls' High School on 19.4.1993. By the order dated30.12.2004, she was transferred and posted to Dora Kahara High School on 30.12.2004, which she joined on 1.1.2005. She was confirmed to her post in 2010. In WP(C) No. 5543 of 2013, the Petitioner (Mr. Madan Mohan Kalita) is having B. Sc., M. Sc. and B. Ed degrees. He was initially appointed as Assistant Teacher of Pub Kaurbaha High School on 12.2.1995. After resigning from this post, he was appointed as Assistant Teacher in the graduate cadre of Dora Kohora High School on 27.7.2004, and has since then been continuously working there.

(2.) In WP (C) No. 4516 of 2013, it is the case of the petitioner that the respondent No. 5 (hereinafter called "private respondent" hereafter for easy reference in all the writ petitions) was initially appointed as Assistant Teacher of Borka M.E. School, but was transferred to Dora Kohora M.E. School on 25.8.1998. Both Borka M.E. School and Dora Kohora M.E. School were amalgamated on 30.3.2006. According to the petitioner, the private respondent entered the graduate cadre only on 30.3.2006 when the two schools got amalgamated. The Director of Secondary Education, Assam (respondent 2) after some time issued the advertisement dated 2.11.2010 in various newspapers including the daily Assam Tribune dated 4.11.2012 inviting applications from eligible candidates for the post of Headmaster/Headmistress of High School and High Madrassa by declaring that such posts were to be filled up in accordance with the provisions of the Assam Secondary Education (Provincialized) Service Rules, 2003 ("the Rules of 2003"). Though interview was held on the basis of the said advertisement, none of the teachers from Dora Kahara High School was selected as none of them qualified for the post under the provisions of the Rules. The petitioner (Mina Ram Kumar) in the meantime filed WP(C) No. 2027 of 2012 challenging the vires of Rules of 2003. On the motion day on 10.4.2012, when the Additional Advocate General submitted that in view of the challenge made before this Court, no fresh process under the impugned Rules was contemplated.

(3.) It is also the case of the petitioner that the respondent No. 2 again issued another advertisement dated 20.9.2012 seeking applications from eligible candidates for the post of Headmaster, etc. for those schools where the posts had not been filled up in terms of the advertisement dated 2.11.2010 in which the last date for submitting the applications was fixed as 10.10.2012. The said advertisement also stated that the posts were to be filled up in accordance with the Rules. As none of the teachers in their school were qualified for the post under the Rules, the petitioner declined to challenge the advertisement dated 20.9.2012 at that point of time. In the meantime, according to the petitioner (Mina Ram Kumar), he came to learn that the respondent No. 5 filed an application to the Headmaster of Dora Kohora High School seeking three copies of her ACRs for enabling her to apply for the post of Headmaster. According to him, this is indicative of the fact that the private respondent did not apply for this post till 6.10.2012. This was followed by the letter dated 10.10.2012 to the Headmaster of Dora Kohora High School instructing him to submit the ACRs of the respondent No. 5 on or before 12.10.2012, which also suggests that the respondent No. 4 did not forward the case of the private respondent for the selection process till 10.12.2012. It is thus the case of the petitioner (Mina Ram Kumar) that the question of selection of respondent 5 for the post of Headmaster prior to 12.10.2012 does not arise. In the meantime, WP(C) No. 2027/2012 was disposed of along with connected writ petitions by a common judgment on 18.12.2012 by striking down the Rules of 2003. Nevertheless, the appointments of teachers pursuant to the advertisement dated 2.11.2010 were not interfered with by this Court. Following this development, the petitioner (Mina Ram Kumar) was under the bona fide impression that the post of Headmaster would now be filled up in accordance with Assam Secondary Education (Provincialized) Service Rules, 1982 and he, as the senior-most teacher, would be appointed as a regular Headmaster. In the aftermath of the said judgment, the respondent authorities cancelled the advertisement dated 20.9.2012, and none was accordingly selected.