Indrajit Bora v. The State of Assam and 5 Ors

ORDER

29.05.2023 Heard Shri A Chetri, learned counsel for the petitioner. Also heard Shri U Sarma, learned Standing Counsel, Secondary Education Department, Assam.

¶2Considering the facts and circumstances of the case and as agreed to by the parties, the instant writ petition is taken up for disposal at the motion stage. Page No.# 3/4

¶2The prayer in this writ petition is with regard to the regularization of the service of the petitioner.

¶3The facts projected is that the petitioner was engaged as a Chowkidar against a sanctioned vacant Grade-IV post in the Chenijan High School, Jorhat pursuant to a resolution adopted by the School Management and Development Committee (hereinafter for short referred to as the SMDC) held on 24.03.2012 and 29.04.2012. The petitioner claimed to have joined the said post on 08.07.2012 and also claims to be rendering continuous service without any break. The petitioner relies upon a communication dated 30.05.2022 issued by the Head Master of the said School to the Inspector of Schools whereby a resolution of the General Meeting of the School dated

29.05.2022 has been forwarded wherein, the aspect of regularization of the services of the petitioner is there. The petitioner, accordingly prays for a direction for consideration of his case for regularization of his service.

4 Shri Sarma, learned Standing Counsel, Higher Education Department submits that the relief claimed is on misconceived and erroneous grounds. He submits that the initial appointment of the petitioner done by the SMDC was without any power or jurisdiction, as the School in question was the provincialised school. Shri Sarma submits that since the initial appointment itself was not in accordance with law, the question of regularization of his service will not come in. He further submits that for claiming regularization, an incumbent has to fulfill certain criteria which are not met by the petitioner.

¶5After hearing the parties, this Court finds force in the contention of the learned Standing Counsel of the Department that an SMDC does not have any power or jurisdiction to make any appointment in a provincialised school. Therefore, this Court Page No.# 4/4 is of the opinion that the prayer made in the writ petition cannot be accepted. However, while rejecting the prayer of the petitioner, it is observed that the petitioner would be at liberty to participate in any ensuing selection process in the post of Grade-IV in the aforesaid School in which case, the experience gained by him may be a relevant factor for consideration of his candidature.

¶6The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010112952023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3016/2023o INDRAJIToBORAo S/O-oSRIoBUDHINoBORA,o R/O-oHATICHUNGIoGAON,o P.O-oCHENIJANo DISTRICT-oJORHAT,oASSAM,o PIN-o785010. VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoSECRETARY,o SECONDARYoEDUCATIONoDEPARTMENT,o GOVERNMENToOFoASSAM,o JANTAoBHAWN,oDISPUR,oGUWAHATI,o PIN-o781006. 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT oJANTAoBHAWN oDISPUR oGUWAHATI o PIN-o781006. 3:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-o781019. 4:THEoINSPECTORoOFoSCHOOL oJORHAT Page No.# 2/4 P.O.- JORHAT DISTRICT- JORHAT ASSAM PIN- 785001. 5:THE SCHOOL MANAGING AND DEVELOPMENT COMMITTEE OF CHENIJAN HIGH SCHOOL REPRESENTED BY ITS PRESIDENT CHENIJAN P.O.- CHENIJAN DISTRICT- JORHAT ASSAM PIN- 785010. 6:THE CHENIJAN HIGH SCHOOL CHENIJAN REPRESENTED BY ITS HEADMASTER P.O.- CHENIJAN DISTRICT- JORHAT ASSAM PIN- 785010 Advocate for the Petitioner : MR. P D NAIR Advocate for the Respondent : SC, EDU BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI