ABDUS SALAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel for the petitioner as well as Mr. N. Sarma, learned counsel for the respondent Nos. 1 to 4 and Mr. S.K. Talukdar, learned counsel for the respondent No.5.

(2.) The petitioner prays for setting aside the order dated 10.04.2018 issued by the District Elementary Education Officer, Goalpara, hereinafter referred to as the 'DEEO', Goalpara, by which the respondent No. 5 has been allowed to act as the In-charge Headmaster of Tukura M.E. School, alongwith delegation of financial power to draw and disburse the monthly salary bill and other transactions of the school. The petitioner has challenged the impugned order dated 10.04.2018 on the ground that the respondent No. 5 does not have the eligibility criteria to be considered for promotion to the post of Headmaster and accordingly, he could not have been given the charge of Headmaster of the school.

(3.) The petitioner's counsel submits that as the regular Headmaster of the school was going to retire on 28.2.2018, the DEEO, Goalpara wrote a letter dated 23.11.2017 to the outgoing Headmaster, asking him to handover all the charges of the school to the next senior most and qualified teacher of the school. Thus, as the post of In-charge Headmaster would have to be given to the senior most teacher of the School, who was also qualified to be considered for promotion to the said post, the outgoing Headmaster of the school handed over the charge of Headmaster to the petitioner. The petitioner's counsel submits that as the respondent No. 5 has not undergone the necessary training, as required under the Procedures for Promotion to the post of Headmaster of M.E. Schools, as notified by the Elementary Education Department, Government of Assam, vide notification dated 02.03.2010, the respondent No. 5 cannot be made the in-charge Headmaster of the school.