Asadul Haque Mazumder v. The State of Assam and 2 Ors

ORDER Date : 28.06.2024

Heard Mr. J. Abedin, learned counsel for the petitioner. Also heard Ms. P. Das, learned standing counsel, Secondary Education Department for all the respondents.

¶2The case of the petitioner in brief is that he was appointed as a Subject Teacher in A. L. Choudhury Junior College, Algapur on 05.08.1988. Thereafter, by an order dated 18.06.2007, issued by the Secretary, G.B of the said College, the petitioner was appointed as Principal. The said A. L. Choudhury Junior College, Algapur was renamed as A. L. Choudhury Senior Secondary School and was provincialised on 04.02.2021 with the petitioner as the Principal of the said School.

¶3Thereafter, in terms of the Office Memorandum dated 3rd of August, 2021, issued by the Secondary Education Department, the petitioner's School was amalgamated with the Algapur Public Higher Secondary Education as the base school. After amalgamation, the petitioner started to serve as Ex-officio Principal in the Algapur Public Higher Secondary School/Base School in terms of the Clause 15

(a) of the O.M. dated 3rd of August, 2021.

¶4The case of the petitioner is that the present Principal of Algapur Public Higher Secondary School will be superannuating on 31.07.2024 and therefore as the petitioner is the Ex-officio Principal of the said Algapur Public Higher Secondary School he should be allowed to hold the post of Principal after the retirement of Page No.# 3/3 the present Principal on 31.07.2024. To that effect, petitioner made a representation before the Director of Secondary Education, Assam on 16.06.2024.

¶5The learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is given to the Director of Secondary School, Assam to consider and dispose of the representation made by the petitioner on 16.06.2024. The same is not objected to by Ms. P. Das, learned standing counsel, Secondary Education Department.

¶6Accordingly, on consensus, this writ petition is disposed of directing the Director of Secondary Education, Assam/respondent No.2 to consider and dispose of the representation made by the petitioner on 16.06.2024 by a speaking order and in accordance with law within a period of 2(two) weeks from the date of receipt of a copy of the order of this Court.

¶7With the above observation and direction, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010127712024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3337/2024o ASADULoHAQUEoMAZUMDERo S/O-oLATEoBASARAToALIoMAZUMDER,oVILL.-oBARNAGAD,oP.S.oALGAPUR,o DIST.oHAILAKANDI,oASSAM,oPIN-o788150. VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o EDUCATIONo(SECONDARY)oDEPARTMENT,oDISPUR,oGHY-781006. 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-781006. 3:THEoINSPECTORoOFoSCHOOLS oHDC oHAILAKANDI oP.S.oANDoDIST.oHAILAKANDI oASSAM oPIN-o788001o AdvocateoforotheoPetitionerooooo:oMR.oKoAoMAZUMDERo AdvocateoforotheoRespondento:oSC,oSEC.oEDU.oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR