Minu Varughese v. The State of Assam and 4 Ors

ORDER Date : 15.02.2024 Heard Mr. D. Barman, learned counsel for the petitioner. Also heard Mr. U. Sharma, learned Standing Counsel, Higher Education Department for the respondent Nos. 1 & 2, Mr. M.S. Mondal, learned counsel for the respondent No. 4 and Mr. J. Rahman, learned counsel appearing on behalf of Mr. P.J. Phukan, learned Standing Counsel, Gauhati University for respondent No. 5. The learned counsel for the petitioner Mr. D. Barman submits that the respondent No. 4 had obtained B.Ed Degree and M.A. Degree in the year 2012 and he has been granted B.Ed. increment before he obtained B.Ed. Degree. Due to such granting of B.Ed. increment she had been illegally allowed to hold the charge of Headmistress depriving the petitioner. However, at this point of time, the respondent No. 4 has already retired and the respondent No. 4 has handed over the charge to one Sri Gunindra Nath Ojha. Be that as it may, the learned counsel for the parties has conceded that the matters have become infructuous. The learned counsel for the petitioner has prayed for liberty to approach this Court if she is not considered for appointment as Headmistress in accordance with law. In view of above, both the writ petitions are disposed of on being infructuous. Needless to observed that the petitioner would be at liberty to approach this Court again if she has any grievance that may be permissible under law. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010241962017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6222/2017o MINUoVARUGHESEo ASSISTANToTEACHER,oDR.oKoKoDASoMEMORIALoGIRL'SoHIGHoSCHOOL,o P.O-oCHAITANYAoNAGAR,oDIST-oBARPETA,oPIN-o788701 VERSUSo THEoSTATEoOFoASSAMoando4oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM,o EDUCATIONSECONDARYDEPARTMENT,oDISPUR,oGHY-o6 2:THEoDIRECTORoOFoSECONDARYoEDUCATION oASSAM oKAHILIPARA oGHY-o19 3:THEoINSPECTORoOFoSCHOOLS oBARPETAoDISToCIRCLE oBARPETAoROAD oDIST-oBARPETA 4:ABULoKASHEM oASSTT.oTEACHER oDR.oKoKoDASoMEMORIALoGIRL'SoHIGHoSCHOOL oP.O-oCHAITANYAoNAGAR oDIST-oBARPETA oPIN-o788701 5:GAUHATIoUNIVERSITY oGUWAHATI oREP.oBYoITSoREGISTRAR oJALUKBARI Page No.# 2/3 GUWAHATI- 1 Advocate for the Petitioner : MR.S K DAS Advocate for the Respondent : SC, G U Linked Case : WP(C)/5678/2017 MINU VARUGHESE ASSISTANT TEACHER DR. K K DAS MEMORIAL GIRL'S HIGH SCHOOL P.O- CHAITANYA NAGAR DIST- BARPETA PIN- 788701 VERSUS THE STATE OF ASSAM and 4 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM EDUCATION SECONDARY DEPARTMENT DISPUR GUWAHATI-6 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 3:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA ROAD DIST- BARPETA 4:MD. ABUL KASHEM ASSISTANT TEACHER DR. K K DAS MEMORIAL GIRLS HIGH SCHOOL P.O- CHAITANYA NAGAR DIST- BARPETA PIN- 788701 5:GAUHATI UNIVERSITY GUWAHATI REP. BY ITS REGISTRAR JALUKBARI GUWAHATI- 14 Page No.# 3/3 ------------ Advocate for : MRR KARIM Advocate for : MR.E HUSSAINR-4 appearing for THE STATE OF ASSAM and 4 ORS. BEFORE HONOURABLE MR. JUSTICE KARDAK ETE