Md. Safikul Haque vs State Of Assam And 3 Ors.

Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Secondary Education

Department of the Govt. of Assam.

The petitioner obtained his graduate qualification in the year 1999 and also passed the Hindi Madhyama Bisharad in the year 1998. The father of

the petitioner was a Hindi Teacher in the Dhamdhama High School, Nalbari and superannuated from service on 30.06.2004. At the relevant point of

time, when the father of the petitioner superannuated from service, a scheme was in force as per the notification dated 23.07.1999, which provided

that 10% vacancies would be reserved for the sons and unmarried daughters of retired school teachers from primary to secondary level.

As the said notification was in force, in the year 2004 when the father of the petitioner had superannuated from service, the petitioner accordingly

made an application for being considered for appointment against such 10% reservation. As the application of the petitioner was not given due

consideration, a writ petition being WP(C) No.2810/2005 was preferred, which was disposed of by the order dated 08.04.2005 by providing that as

and when a selection process for appointment against 10% reserved post for the sons and unmarried daughters of retired school teachers would be

undertaken, the respondent authorities shall also consider the case of the petitioner, if he so participates.

It is stated that the petitioner accordingly participated in a selection process that was held in the year 2005 but inspite of having so participated, no

appointment was made in his favour.

The respondent authorities by referring to the order of 08.04.2005 in WP(C) No.2810/2005 had passed the order dated 20.02.2015 through the

Inspector of Schools, Nalbari. By the said order, it was provided that although the petitioner was allowed to appear in a written test held on

14.05.2005, but no record of any select list is available. By the said order, it was also taken note of that the petitioner had submitted another application

dated 09.10.2014 for appointment under the 10% reserved quota for sons and unmarried daughters of retired teachers by indicating that a vacancy

exists in the Dhamdhama High School, presently upgraded as Dhumdhama Higher Secondary School, on the death of one Assistant Teacher, namely

Phatik Ch. Das.

The Inspector of School in its order of 20.02.2015 was of the view that as the earlier order of this Court was that the case of the petitioner be

considered against the 10% quota as and when vacancy arises, therefore, as a vacancy had arisen as of now, his case be considered by the higher

authority. The said order of the Inspector of 20.02.2015 was forwarded by the Director of Secondary Education, Assam to the Secretary to the Govt.

of Assam in the Secondary Education Department by its communication of 15.06.2015 with a request that the Commissioner pass the necessary order

thereon. Thereafter, although several communications were made, but no order for any appointment in favour of the petitioner was passed.

In the resultant situation, another notification dated 04.07.2016 was issued under the signature of the Secretary to the Govt. of Assam in the

Secondary Education Department by which, the earlier notification providing for reservation of 10% quota for the sons and unmarried daughters of

retired school teachers was withdrawn.

In the present writ petition, the said notification of 04.07.2016 has been assailed with a further prayer to direct the respondents to restore the earlier

notification of 23.07.1999 and thereupon appoint the petitioner under the said quota of 10%.

Mr. N. Sarma, learned standing counsel for the Secondary Education Department takes a stand that the 10% reserved quota earlier provided for

the sons and unmarried daughters of retired school teacher was at the discretion of the state respondent authorities and as of now, the state

respondent authorities are of the view that such provision for 10% reserved quota is not required to be provided. In other words, it is the contention of

Mr. N. Sarma that it was an earlier decision of the state authorities to provide such quota and as of now it is their decision not to pursue with the said

quota. Considered the rival submission between the parties.

The learned state counsel was put a query as to whether there is any provision under the Constitution of India for providing reservation of 10%

quota for the sons and unmarried daughters of retired school teacher so as to examine as to whether any constitutional or legal right in favour of the

petitioner persists. To such query, Mr. N. Sarma, learned standing counsel submits that under the Constitution of India, there is no such provision

which provides for 10% reservation for the sons and unmarried daughters of retired school teachers. In the absence of any such provision in the

Constitution or any other laws framed thereunder, this Court does not find any vested right of the petitioner to claim for appointment as an Assistant

Teacher against any post of teacher in the school under a 10% reservation for sons and unmarried daughters of retired school teachers.

In the absence of any legal right of the petitioner, this Court does not find that by withdrawing the earlier decision to provide for such quota, any legal

right of the petitioner has been violated. In the absence of violation of any legal right, this Court does not find any enforceable right of the petitioner to

interfere with the decision of the state respondent authorities in the notification dated 04.07.2016 to withdraw the 10% quota reserved for sons and

unmarried daughters of retired school teachers. In such view of the matter, writ petition stands dismissed.