BIREN BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ appeal is preferred by the appellant being aggrieved with the judgment and order dtd. 5/12/2023 passed by the learned Single Judge in WP(C) No.3166/2021, whereby the learned Single Judge, while disposing of the writ petition has remanded the matter to the Director of Secondary Education, Assam to examine the claim of the respondent No.7 herein/writ petitioner for his appointment as regular Principal of Kherajkhat Senior Secondary School, Lakhimpur.

(2.) The learned Single Judge has observed that, while entertaining the claim of the respondent No.7/writ petitioner, due hearing shall also be given to the appellant. It is further observed that the requirement of considering the acceptability of the B.Ed. degree of the respondent No.7/writ petitioner be done by the Director within a period of 2(two) months and whatever decision be taken shall be strictly in terms of all applicable laws including the principle of natural justice in respect of all the parties.

(3.) The brief facts of the case are that, on 14/12/2018, an advertisement was issued inviting application from the eligible candidates for appointment on the post of Principal of Kherajkhat Senior Secondary School, Lakhimpur. The appellant as well as the respondent No.7/writ petitioner have applied pursuant to the said advertisement. However, vide order dtd. 7/2/2020, the appellant was appointed as the regular Principal of the said school. The claim of the respondent No.7/writ petitioner for appointment on the post of Principal of the said school was negated on the ground that the B.Ed. degree possessed by him is not a valid degree under the law.