Padmawati Konch vs State Of Assam And 5 Ors

Heard Mr. S. Borthakur, learned counsel for the writ petitioner. I have also heard Mr. B. Kaushik, learned Standing Counsel, Education (Elementary)

Department, Assam, appearing for the respondent Nos.1 to 5.

The writ petitioner herein is the seniormost teacher serving in the Dhakuakhana Govt. M. V. School, Dhakuakhana, Lakhimpur, Assam. Upon

retirement of the erstwhile incumbent the petitioner herein was entitled to be appointed as the in-charge Headmistress of the school. However, instead

of appointing the petitioner, the respondent No.6 was made the in-charge Headmaster of the school. Aggrieved thereby, the present petition was filed.

After taking note of the statements made in the writ petition, by the order dated 10.06.2021, this Court had directed the learned departmental counsel

to produce the relevant records pertaining to the hearing that took place on 20.01.2021 in terms of notice dated 08.01.2021. Accordingly, Mr. Kaushik,

learned departmental counsel, has produced written instruction along with an enquiry report prepared under the signature of three officials including

Mr. Hema Ch. Saikia, Dy. DEE, who was the Chairman of the Enquiry Committee. A perusal of the said Enquiry Report goes to show that the

petitioner has been found to be the seniormost teacher and accordingly, recommendation has been made to the effect that she was entitled to act as

the in-charge Headmistress of Dhakuakhana Govt. M. V. School in terms of her seniority.

Mr. Kaushik submits that the aforesaid enquiry report is being examined by the Director of Elementary Education, Assam, for taking appropriate

action in the matter.

Mr. S. Borthakur, learned counsel for the petitioner, submits that his client will be satisfied if this writ petition is disposed of with a direction upon the

respondent No.3 to take note of the enquiry report and thereafter, take appropriate action in the matter.

In view of the above and as agreed to by learned counsel for both sides, this writ petition is being disposed of by directing the respondent No.3 to look

into the matter and take appropriate steps for appointment of the in-charge Headmistress of Dhakuakhana Govt. M. V. School in the light of the

enquiry report produced by the learned departmental counsel. In doing so, the respondent No.3 may give an opportunity of being heard to the petitioner

as well as the respondent No.6 before taking a decision in the matter. The exercise be completed as expeditiously as possible, preferably within four

weeks from the date of receipt of a certified copy of this order.

Writ petition stands disposed of accordingly.