HARMOHAN BAISHYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr I H Saikia, learned counsel for the petitioner and Mr N Sarma, learned Standing Counsel, Secondary Education Department, Government of Assam, representing respondent Nos. 1 to 4. Mr I Hussain, learned counsel appears on behalf of respondent No. 5. None has appeared for respondent No. 6 though served.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of the decision of the State respondents to re-advertise the post of Principal of Ganesh Mandir Higher Secondary School, Khanapara, Guwahati (School) and further seeks a direction to the respondents to appoint him as Principal of the School in view of his selection.

(3.) Case of the petitioner is that the School which was earlier provincialized, was upgraded to higher secondary school in the year 1991. Though he was a graduate teacher in the School prior to provincialization and upgradation, in view of his qualification he was appointed as subject teacher in Assamese vide order dated 16.04.1993, issued by the Director of Secondary Education, Assam. Petitioner was granted continuity of past service.