ANISUZZAMAN MD BOXAY ALLAH Vs. STATE OF ASSAM AND 6 ORS REP BY COMMISSIONER AND SECY TO GOVT OF ASSAM

JUDGEMENT

(1.) Heard Mr. SK Muktar, learned counsel for the petitioner, Mr. J. Abedin, learned Standing Counsel for Secondary Education Department and Mr. S. Sinha, learned counsel appearing for the respondent No.7.

(2.) The respondent No.7 Sri Arun Chandra Nath was appointed as a Lecturer in Commerce stream in the Katahguri Jr. Commerce College, Nagaon district, as per the letter of appointment dated 01.07.2003. A set of Rules called the Revised Regulation of Recognition of Higher Secondary Schools on Junior College, 2004 was framed thereafter. As per the Regulation of 2004, the Institutes are required to have three teachers having the qualification of M.Com in an elective subject in commerce, where one of them must have the specialization in Accountancy. The Regulation of 2004 further provides that the qualification prescribed for the Lectures in Commercial Mathematics and Statistics (CMST) is preferably one MA/M.SC in mathematics for teaching commercial arithmetic and commercial mathematics.

(3.) At that relevant point of time, when the Regulation of 2004 was came into force as there was no other Lecturer available for teaching the subject CMST, the respondent No.7 although he did not have the requisite qualification, was allowed to discharge the duty of teaching the subject CMST. Subsequently, the petitioner as per the order dated 02.08.2005 of the Principal and Secretary, Katahguri Junior Commerce College was appointed as a Lecturer in the Commerce stream. The petitioner has the qualification of M.Sc in mathematics and he was allowed to discharge the duties of teaching the subject CMST. Later on, when the stage came for provincialising the services of the teachers in the Katahguri Junior Commerce College, the name of the respondent No.7 was proposed for the purpose of provincialisation against the post for teaching the subject CMST.