AMANUL ISLAM Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Ms. J Ahmed, learned counsel appearing on behalf of Mr. M Sarma, learned counsel for the petitioner in WP(C) No. 5257/2012 and Mr. AM Buzarbaruah, learned Senior Counsel assisted by Mr. SK Das, learned counsel appearing for the petitioner in WP(C) No. 4481/2015. Also heard Mr. S Borthakur, learned counsel appearing for respondent No. 4 in WP(C) No. 4481/2015 and respondent No. 5 in WP(C) No. 5257/2012 and Mr. UK Goswami, learned Standing Counsel, Secondary Education Department.

(2.) Both the writ petitions are being disposed off by this common order and the facts of WP(C) No. 4481/2015 are being considered for disposal of the present dispute. The present dispute is with regard to who should be allowed to hold the charge of Principal of the School. Also whether the I/c Principal has to have B.Ed degree as per Rule 12 of the Assam Secondary Education (Provincialised) Service Rules, 2003, hereinafter referred to as the "2003 Rules " subsequently amended by the Assam Secondary Education Provincialised Service (Amended) Rules, 2012, in short the "2012 Rules ", which states that the Principal has to have B.T/B.Ed degree.

(3.) It should be noted here that with respect to the seniority position of the writ petitioner in WP(C) No. 4481/2015, writ petitioner in WP(C) No. 5257/2012 and the respondent No. 4 in WP(C) No. 4481/2015 and respondent No. 5 in WP(C) No. 5257/2012, the same is as follows:-