KRIPA SINDHU DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Purkayastha, learned counsel for the petitioner and Mr. S.K. Ghosh, learned Standing Counsel, Education (Secondary) Department, Government of Assam for the respondent nos. 1 to 4. Also heard Ms. N. Saikia, learned counsel appearing for respondent no. 5.

(2.) By this writ petition, preferred under Article 226 of the Constitution of India, the petitioner has assailed the legality and validity of the provisions of Rule 3, Rule 14(2), Rule 14(3), Rule 24 and Rule 25 of the Assam Secondary Education (Provincialised) Service Rules, 2003 on the grounds that same are unconstitutional, null and void and ultra vires. In the alternative, the petitioner has sought for a direction to the State respondents to take steps to modify/amend the aforesaid impugned provisions. A prayer has also been made for a direction to the State respondents to insert an appropriate provision in the Assam Secondary Education (Provincialised) Service Rules, 2003 for promotion to the post of Headmaster in a High School only from the feeder post of Assistant Headmaster in such High School, to the exclusion of the Graduate Teachers in the High School, with further prayers for directions to the State respondents to prepare and finalise the gradation list of the Teachers in Latu High School, District - Karimganj by placing the petitioner at the top of the list showing him as the seniormost Graduate Teacher in the cadre of Assistant Headmaster and to promote him to the post of regular Headmaster in the said High School.

(3.) Before we proceed to the issue of legality and validity of the above legal provisions, mentioned above, of Assam Secondary Education (Provincialised) Service Rules, 2003, put to challenge in the instant writ petition, we deem it apposite to take note of the relevant and pertinent background facts, as the said factual background would make it clearer to understand the implication of the issue that has arisen for determination.