DILIP KUMAR SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE order dated 14. 9. 2004 of the District Elementary Education Officer, Nagaon, promoting the respondent No. 5 as the Headmaster of the Bamuni M. E. School, Nagaon (hereafter referred to as the School) is sought to be annulled by invoking the extra-ordinary jurisdiction of this Court.

(2.) I have heard Mr. K. K. Mahanta, learned Counsel for the petitioner and Mr. Goswami, learned Standing Counsel, Education Department. The respondent No. 5 though served with the notice of the proceeding has not entered appearance.

(3.) THE synopsized version of the petitioner's case is that after joining the Jurmur Milan Bidyapith M. E. School as the Assistant Teacher on 4. 6. 1978, he having graduated in Science was upgraded as Graduate Science Teacher and was eventually appointed as the Headmaster of the said institution in the year 1996. He was thereafter subsequently transferred to the Bamuni M. E. School where he joined on 16. 2. 2001. While claiming that since then he is serving in the said School and is senior to respondent No. 5 the petitioner has asserted that in the year 2000, he was selected for promotion to the post of Headmaster by the concerned District Level Selection Committee and in the panel prepared on the basis of Seniority cum efficiency, he was at Sl. No. 137. The respondent No. 5, judged by the above touchstone was placed at Sl. No. 169. According to the petitioner, the respondent No. 5 who had been eyeing the office of the Headmaster of the School contrived to remove him therefrom. Coincidentally, the petitioner as he was suffering from some ailments warranting medical attention, had submitted an application for leave before the District Elementary Education Officer, Nagaon, on 17. 10. 2003. His illness was so severe that he could not attend the School on 16. 10. 2003. He thereafter came to learn that in the meantime, he has been transferred to Krishna Kanta Handique M. E. School by order dated 14. 10. 2003 passed by the District Elementary Education Officer, Nagaon. He has alleged that the move had been initiated at the instance of the respondent No. 5 on political considerations.