SUSMITA SUTRADHAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Borgohain, learned Senior Counsel assisted by Mr. P. Phukan, learned counsel for the appellant. Also heard Mr. D. Mazumdar, learned Senior Advocate General, assisted by Mr. N. Sarma, learned Standing Counsel, Elementary Education, Assam. Also heard Mr. K.N. Choudhury, learned Senior Advocate, Mr. R.M Deka, learned counsel for respondent No. 4 and Mr. P.J. Saikia, learned counsel for respondent No. 5.

(2.) The petitioner being aggrieved by her non promotion to the post of Additional Director has questioned the process of promotion including that of the private respondents. The petitioner is claiming promotion to the post of Additional Director, SCERT. The private respondents have been recommended and given promotion to higher posts of Joint Directors under a one-time measure undertaken by the State Government for filling up 83 nos. of posts including 2 posts of Additional Director and 9 posts of Joint Directors under the restructured SCERT. This one time measure involves double promotion, providing promotion from the post of Deputy Director to Additional Director, Reader/Project Officer/Assistant Director/Controller of Examination to the post of Joint Director in the rank of Professor, posts of Lecturers to the post of Deputy Director in the rank Associate Professor, posts of Programme cum Script Writer / Research Assistant to the post of Assistant Director in the rank of Assistant Professor, by skipping the intermediate posts, in terms of the order dated 05.12.2017 issued by the respondent No. 1.

(3.) The petitioner is also claiming double promotion to the post of Additional Director from the post of Deputy Director which she is holding on regular basis. However, the only hurdle before the petitioner is the stipulation of possession of B.Ed. Degree by the incumbents before being considered for double promotion which degree the petitioner does not possess. The case of the petitioner is that the requirement of B.Ed degree is nowhere mentioned in the relevant recruitment rules. It has been submitted that the recruitment rules were framed by the State Government namely, Assam Educational (Research and Training-Gazetted) Service Order, 2017 which were notified on 04.12.2017. Order 12 of the aforesaid Order of 2017 provides for recruitment by way of promotion in which it has been provided that the post of Additional Director, SCERT will be filled by way of promotion from the post of Joint Director having requisite qualification as regular service as prescribed in the Schedule II and the candidate has to possess training on teacher education as career progression. It has been submitted that if one refers to Schedule II of the Order mentioned above, there is no reference to the qualification required for promotion to the post of Additional Director. Schedule II, in fact, deals with qualification and experience prescribed for direct recruitment for the posts of Assistant Director in the rank of Assistant Professor, Lecturer, SCERT, etc mentioned therein. It has been submitted that Schedule II nowhere speaks of the qualification required for promotion to the post of Additional Director.