KHAGEN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Borah, learned counsel for the petitioner. Also heard Ms. P. Das, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1, 2, 3, 4 and 5; and Mr. B. Deuri, learned Government Advocate, appearing on behalf of respondent No. 6. However, none has entered appearance on behalf of respondents No. 7 and 8 inspite of service of notice.

(2.) The petitioner by way of instituting the present writ petition, has prayed for a direction upon the respondent authorities to provincialize his services as an Assistant Teacher (Science) in Madhav Dev High School, Gohpur, w.e.f. 1/1/2013.

(3.) As projected in the writ petition; the petitioner was appointed as a Science teacher in the said school on 2/4/2010 by the Headmaster of the school. Thereafter, the Managing Committee of the said school adopted a resolution in its meeting held on 02/4/2010 to appoint the petitioner as the second teacher of Mathematics in the school, in question. The senior teacher teaching the subject of science in the said school, having resigned from his post, the petitioner, vide a resolution, dtd. 21/8/2012, was appointed as a Science teacher in his place. It is the contention of the petitioner that although an appointment was again effected in his case on 21/8/2012, he was continuing in his services in the said school as a Science teacher w.e.f. 02/4/2010.