Rupa Rani Devi v. The State of Assam and 5 Ors. H

ORDER Date : 04/03/2024 Vijay Bishnoi, CJ

Heard Mr. S. Dey, learned counsel for the appellant. We have also heard Mr. B. Chakravorty, learned counsel for the respondent nos. 5 & 6 and Ms. H. Terangpi, learned Standing Counsel, Secondary Education Department, Assam. This writ appeal is filed by the appellant being aggrieved with the action of the respondent State of appointing the respondent no. 6 as the Head Mistress of BDSM High School pursuant to the advertisement issued on 02/11/2010. The learned Single Judge has dismissed the writ petition while concluding that there is no illegality in the appointment of the respondent no. 6 as Head Mistress of the School concerned. Simultaneously, the learned Single Judge has also observed that the appellant was not having the qualification for appointment on the post of Head Mistress in the year 2010 when the related advertisement was issued and as such, no relief can be granted. It is informed by the learned counsel for the respondent no. 6 herein that due to amalgamation of the BDSM High School, Jorhat with Jorhat Gitarthee Vidyalaya, in the year 2022, the respondent no. 6 is now not working as a Head Mistress and is working as an Assistant Teacher only. Page No.# 3/3 The above fact has not been disputed by the learned counsel for the appellant. Taking into consideration the above subsequent development in the matter and also taking into consideration the fact that the appellant was not having qualification for appointment as Head Mistress in the year 2010 when the related advertisement was issued, we don't find any ground for interference. Hence, this writ appeal stands dismissed.

JUDGE CHIEF JUSTICE

sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010123472023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/438/2023o RUPAoRANIoDEVIo W/OoSRIoPRADIPoBORTHAKUR,oR/OoASEBoCOLONY,oGARMUR,oP.O.oJORHATo ENGINEERINGoCOLLEGE,oDIST-oJORHAT,oASSAM,oPIN-785001. VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.oHo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o SECONDARYoEDUCATIONoDEPTT.,oDISPUR,oGUWAHATI,oASSAM,oPIN-o 781006. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oDIRECTORATEoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI oASSAM oPIN-o781019. 3:THEoCHAIRMAN oSTATEoSELECTIONoBOARD oGOVT.oOFoASSAM oSECONDARYoEDUCATIONoDEPTT. oDISPUR oGUWAHATI oASSAM oPIN-o781006. 4:THEoINSPECTORoOFoSCHOOLS oDIST.-oJORHAT oASSAM oPIN-785001. Page No.# 2/3 5:THE HEADMISTRESS BDS MEMORIAL HIGH SCHOOL P.O. AND DIST.- JORHAT ASSAM PIN-785001. 6:MRS. SURANJANA KAKOTI (HEADMISTRESS OF BDS MEMORIAL HIGH SCHOOL) JORHAT P.O. AND DIST.- JORHAT ASSAM PIN- 785001 Advocate for the Petitioner : MR S BORTHAKUR Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM