STATE OF ASSAM Vs. HARI NARAYAN SINGH

JUDGEMENT

(1.) Heard Ms. P. Chakraborty, learned counsel representing the appellant and Mr. I.H. Saikia, learned counsel representing the respondents. Also heard respective counsels representing the writ petitioners in the writ petitions tagged to the writ appeal. Arguments on behalf of the writ petitioners were advanced by Mr. I.H. Saikia, Mr. S. Das, Mr. M.H. Rajbarbhuiyan and Mr. I. Alam, Advocate(s) respectively.

(2.) The order under appeal comes with a direction to the concerned State respondent to promote the writ petitioners in WP(C) 6800/2014 as regular Headmaster of respective schools in which they are holding the charge of Headmaster. Being aggrieved, the State of Assam is on appeal. Similar claims for regular appointment as Headmaster are made in the other writ petitions. As determination of the writ appeal would also answer the claim made in the writ petitions, the same were tagged for hearing along with the appeal filed by the State, as per Court's order dated 19.11.2015. A common order is, therefore, passed, which would also answer Review Petition 92/2014, which is tagged along with this batch of cases.

(3.) Facts common to the cases are that on 02.11.2010 an Advertisement was issued by the Director of Secondary Education cum Member Secretary, State Selection Board inviting applications for filing up various posts in provincialised educational institutions as per the provisions of Assam Secondary Education (Provincialisation) Service Rules, 2003 (in short, the Rules). The present batch of cases is confined to the post of Headmaster/Headmistress of High Schools. The minimum qualification prescribed was Graduate in Arts, Science or Commerce with B.T./B.Ed. and having at least 10 years of teaching experience as Graduate Teacher. The writ petitioners being eligible, vied for the post, underwent the selection process and were recommended by the State Selection Board. A school-wise Select List was prepared in terms of the Rules by the State Selection Board on 27.01.2011, which found approval of the competent authority on 07.07.2011. As no appointment to the post of regular Headmaster was forthcoming and the writ petitioners only allowed to function as in-charge Headmaster, the WP(C) 6800/2014 was instituted. The order dated 08.04.2015 passed in the said WP(C) 6800/2014 is the subject matter in the writ appeal before us.