Mohan Lal Sarkar vs State Of Assam And 3 Ors.

Heard Mr. P Mahanta, learned counsel for the petitioner and Mr. R Mazumdar, learned counsel for the respondent Nos. 1, 2 and 3 being the

authorities under the Secondary Education Department of the Government of Assam including the respondent No.4 being the Headmistress in-charge

of the Durung Adarsha High School in the Kamrup(M) district.

The petitioner claims to be the senior most teacher of Durung Adarsha High School having the requisite qualification to hold the post of in-charge

Headmaster. But another teacher of the school namely Smti Sikha Lahkar was allowed to be the in-charge Headmistress of the school. Being

aggrieved, the petitioner has instituted this writ petition on a twofold grievance. The first grievance of the petitioner is that the person concerned who

was made the in-charge Headmistress does not have the necessary qualification to be the Headmistress of the school. In that situation, there is a

requirement of the in-charge Headmistress to also send the service particulars of the petitioner for being considered by the authorities to be appointed

as the in-charge Headmaster. That having not been done, the claim for the writ petitioner to be the in-charge Headmaster of the school could not be

given a consideration. During the pendency of this writ petition, the said grievance of the petitioner had been met and the service particulars had been

forwarded to the higher authorities.

The other grievance of the petitioner is that as Smti Sikha Lahkar does not have the necessary qualification to be the in-charge Headmistress of the

school, therefore, in the circumstance, there exists a legal right of the petitioner as a duly qualified person to be appointed as the in-charge Headmaster

of the concerned school.

Mr. R Mazumdar, learned counsel for the respondents in the Secondary Education Department upon instruction has made a statement that the

Director of Secondary Education had issued the necessary instruction by forwarding the seniority list as well as the respective qualifications of the

teachers of the school requiring the Inspector of Schools for doing the needful.

As the second grievance of the petitioner has also been met by the steps taken by the Director, a submission is made that this writ petition can be

disposed of by taking note of the aforesaid facts and circumstance.

We accordingly close this writ petition by taking note of that the Director had taken the steps for appointing a duly qualified and eligible person to be

the in-charge Headmaster of Durung Adarsha High School. It is provided that the requirement would be completed within a reasonable time not more

than seven days from today.

Writ petition is closed in the above terms.