STATE OF ASSAM Vs. MADHAB CHANDRA KALITA

JUDGEMENT

(1.) Heard Mr. N.J. Khataniar, learned counsel for the appellant (State). Also heard Mr. B. Purkayastha, learned counsel for the respondent no.1.

(2.) The case pertains to the appointment of In-charge Head Master of Gotanagar High School following the retirement of the earlier Head Master on 31/07/2024. The respondent no.1 (writ petitioner) has been serving as a Graduate Teacher since 1990 and was granted the graduate scale of pay from 19/11/1991.

(3.) When the Inspector of Schools submitted a proposal for placing an In-charge Head Master, the respondent no.1's name appeared at Sl. No.1 in the seniority list. However, a complication arose because the petitioner had obtained his B.Ed degree in 2016, without taking prior permission from the appointing authority i.e. the Inspector of Schools, thereby contravening the provisions of Rule 13 of the Assam Services (Conduct) Rules, 1965 (herein after referred to as 1965 Rules). Due to the above, the respondent authorities ignored the claim of the respondent no. 1, who was the senior most Assistant Teacher and instead appointed the respondent no.2 as In-charge Head Master. Being aggrieved, the respondent no.1 filed WP(C) 3929/2024.