BHURAM GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE orders dated 8. 6. 2007 of the Director of Secondary Education, Assam, holding that the respondent No. 4 was entitled to be the in-charge Principal of Batgharia Higher Secondary School (hereafter referred to as the School) in addition to his normal duties and his installation as such have been impugned in the instant proceeding. The petitioner claims to be the senior most Assistant Teacher of the School and thus entitled to hold the charge of the said office.

(2.) I have heard Mr. D. C. Mahanta, Sr. Advocate for the petitioner and Mr. V. M. Thomas, learned Standing Counsel, Education Department for the official respondents. Also heard Mr. K. K. Phukan, learned Counsel for the respondent No. 4.

(3.) THE abridged facts pleaded by the petitioner are that being appointed as a Hindi Teacher of the above named school, he joined the institution on 1. 4. 1978. He thereafter passed the B. A. examination in the year 1985 and also acquired the B. Ed. in the year 1995. In the meantime, he also passed the Hindi Prabin Examination in the year 1979 and B. Ed. (Hindi) Examination in the year 1984. According to him, the Inspector of Schools, Dhemaji District Circle, Dhemaji, acknowledging him to be the senior most Assistant Teacher of the School allowed him to discharge the duties of the Principal of the School in addition to his normal duties by his order dated 19. 2. 2005. On the eve of the retirement of the regular Principal, Shri Mahendra Nath Konwar on 30. 4. 2007, the petitioner being the senior most Assistant Teacher submitted an application on 27. 3. 2007 to be the Principal in-charge of the School. Thereafter the said authority by his order dated 5. 5. 2007 permitted the petitioner to hold the charge of the Office of the Principal of the School subject to the approval of the Director of Secondary Education, Assam. The arrangement was supposed to continue till a regular incumbent was appointed to the said office. The petitioner has averred that in between, on 19. 3. 2007, the Principal of the institution had forwarded the statement of particulars of teachers for selection for the post of Principal/vice Principal thereof in which the name of the petitioner appeared at serial No. 1. It was at that stage that by the impugned orders dated 8. 6. 2007 referred to above, the respondent No. 4 was held entitled to hold the charge of the office of the Principal of the School in preference to the petitioner. Contending that he is academically superior to the respondent No. 4 and further senior to him in service, the petitioner has questioned the legality and/or validity of the said decision.