RUNUMI PRIYA DEVI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Dr A Todi, learned counsel for the petitioner. Also heard Mr B C Musahary, learned Standing Counsel for the BTC, representing the respondent No. 2, 3, 4, 5, 6 and 8 and Ms S Konwar, learned Standing Counsel for the Elementary Education Department, representing the respondent No. 1 and Mr S Biswas, learned counsel appearing for the respondent No. 7.

(2.) By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for setting aside and quashing of the Select List dtd. 12/3/2024, issued by the Secretary, Bodoland Territorial Council, Kokrajhar. The petitioner has also challenged the order dtd. 13/3/2024, issued by the Director of Education, BTC, by which the respondent No. 7 was promoted to the post of Headmistress of the Barkola High School, Udalguri. The petitioner has also prayed for a writ of mandamus directing the authorities to promote the petitioner to the post of Headmistress of the said school with all the service benefits, with a further direction that the authority should not give effect to the impugned Select List dtd. 12/3/2024 as well as the promotion order dtd. 13/3/2024, in respect of the said school.

(3.) The case of the petitioner is that the petitioner had been appointed as an Assistant Teacher and posted at Barkola High School in the grade pay vide order dated 8th of December, 2010, and the said appointment had the approval of the Government of Assam, Education Department and was in consonance with the guidelines of the Finance (SIU) Department. Thereafter, the petitioner joined in the said post on 13/12/2010 as is reflected in the Joining Report, issued by the Headmaster of Barkola High School. Thereafter, the petitioner joined as In charge Headmistress of the said school vide Joining Report dtd. 1/1/2024 and the said joining was in pursuance to the letter dtd. 22/12/2023, issued by the Director of Education, Kokrajhar. Before the said joining of the petitioner to the post of In-charge Headmistress, a provisional gradation list of Assistant Teachers of High Schools, under the Inspector of Schools, Udalguri District was prepared on the basis of the appointment order as well as the joining date and other factors and in the said provisional gradation list, the petitioner appeared at Serial No. 46 of the same and the respondent No. 7 at Serial No. 47 and that thereafter, a final gradation list in respect of the district of Udalguri was prepared on 16/12/2023, wherein the petitioner appeared at Serial No. 50 and respondent No. 7 at Sl. No. 51.