(MISS.) MAMONI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Sarnia learned Counsel for the petitioner, M. H.K. Mahanta, learned Government Advocate, Assam and Mr. K.N. Choudhury, learned Additional Advocate General, Assam. who has appeared in the case the request of the Court.

(2.) The writ petitioner. Miss. Mamoni Das, after passing her High School Leaving Certificate Examination joined the Bhava Shankar Pre-Primary School as a teacher. This was sometime in the year 1983. Thereafter, while in service, the petitioner graduated from the Gauhati University and continued to serve as a pre-primary teacher in the school in question. After rendering service for a period of over 15 years at a fixed salary/stipend/honorarium of Rs. 280.00 per month the petitioner had approached this Court seeking absorption as an Assistant Teacher in the Lower Primary segment of the school in which she was appointed or in any other school. The aforesaid claim has been made on the basis that the petitioner satisfies the eligibility conditions and her long length of service in pre-primary wing of the school entitles her to be accommodated against a regular vacancy in the lower primary section of the school.

(3.) Appointment in the post of Assistant Teachers in the Lower Primary Schools of the State are governed by statutory enactments framed in this regard i.e. the Assam Elementary Education (Provincialisation) Rules, 1977. There is a distinct and definite procedure for appointment of teachers in Lower Primary Schools of the State under which eligible candidates are required to undergo the laid down selection process. Departures from the laid down procedure for appointment of Lower Primary School teachers cannot be made on individual basis and merely by having regard to the long period of service rendered by an incumbent in some other post. When the statutory provisions have laid down a specific mode for appointment it will not be correct for the Court to permit departures therefrom in individual cases merely by taking into account the hardships that may have been suffered by any particular incumbent working in another post for long years. In such circumstances, this Court is of the view that the relief prayed for in the writ petition cannot be granted.