CHAKRESWAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE writ jurisdiction of this Court is sought to be invoked to interfere with the order dated 20. 9. 2007 passed by the Director of Secondary Education, Assam, installing the respondent No. 4 as the in-charge Principal of Sonaram Higher Secondary School, Guwahati (hereafter referred to as the School) in addition to her normal duties.

(2.) I have heard Mr. N. Dutta, Sr. Advocate assisted by Mr. M. Bhagawati, Advocate for the petitioner, Mr. M. K. Mishra, learned Standing Counsel, Education Department for the official respondents and Mr. P. P. Baruah, learned Counsel for the respondent No. 4.

(3.) THE abbreviated version of the petitioner's pleaded case is that having been appointed as a teacher in the School, he joined on 1. 8. 1973. He is a Post Graduate in Arts and has also acquired the B. Ed. Degree. He is presently serving as a subject teacher in the School. In the year 2006 when the in-charge Principal thereof was placed under suspension, he was entrusted with the responsibility of administering the academic affairs of the School. Thus for all practical purposes he was then acknowledged as the Principal (Academic) of the School. In the seniority list submitted by the outgoing Principal of the School on 28. 2. 2007, he was shown to be the senior most amongst the teachers thereof. As inspite of his seniority, he was not appointed as the Principal of the School sensing something ominous on political interventions, he approached this Court. At that stage, according to him, he was not aware of the impugned order. However, having come across the same, subsequent thereto, he has impugned it.