DURLAV BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Baruah, learned counsel for the petitioner; Mr. N. Sharma, learned Standing Counsel, Secondary Education Department, Govt. of Assam; Mr. A.K. Bhuyan, learned Standing Counsel, Bodoland Territorial Council (BTC); and Mr. A. Narzari, learned counsel for respondent No.5.

(2.) Matter relates to appointment to the post of Principal in the Kalaigaon Higher Secondary School (School) in the district of Udalguri. Assam Secondary Education (Provincialised) Service Rules, 2003 (2003 Rules) govern recruitment to the post of Principal in Higher Secondary or Higher Secondary and Multipurpose Schools. While Rule 12 lays down the qualification for such appointment, procedure of selection is laid down in Rule 13. As per Rule 13 (2), selection is through interview in which candidates are selected on the basis of qualities, such as, leadership skills, administrative ability, integrity and commanding personality. As per Rule 13(5), select list prepared and approved shall be in force for one year from the date of approval by the Government.

(3.) To give effect to the provisions of the aforesaid 2003 Rules, particularly, in respect of selection of Principal, guidelines have been laid down by the Government of Assam in the Secondary Education Department vide office memorandum dated 06.06.2014 followed by office memorandum dated 23.6.2017. As per office memorandum dated 23.6.2017, award of marks under different headings shall be for a total of 30 marks, breakup of which is as under:-