Rabin Talukdar vs State Of Assam And 2 Ors

Heard Mr. J. Kalita, the learned counsel for the petitioner. Also present Mr. S.M.T.Chisti, the learned Standing Counsel for the Secondary Education,

Assam representing the respondent No. 1 and Mr. S. Bora, the learned Standing Counsel for the BTC representing the respondent Nos. 2 and 3.

The petitioner is the Assistant Teacher in North Kamrup Betbari High School in the district of Baksa. The petitioner has been serving the said school

since the year 1992. One Sri Thaneswar Brahma who was the in-charge headmaster of the said school resigned and his resignation letter was

submitted to the respondent No. 3 i.e. Inspector of School, Baksa District Circle. In the said resignation letter, Sri Thaneswar Brahma requested the

respondent No. 3 to give the charge of in-charge headmaster of the school to one Sri Harendra Brahma. Being aggrieved the petitioner claiming

himself to be senior having required qualification to hold the post of headmaster of the said school, submitted a representation before the respondent

No. 3 on 11.05.2021.

It is stated in the writ petition that due to the decision taken by the State Government not to hold the final examination of HSLC for the class X

students and the guidelines issued to evaluate the marks of the students in the alternative, therefore in absence of a headmaster of the school lots of

problems had been faced by the school staff. As there is a delay in appointing in-charge headmaster, apprehending that it may cause loss/losses of the

students the petitioner has filed this writ petition for a direction to the respondent authority to look into the matter and appoint a headmaster in the said

school.

Mr. Bora, the learned Standing Counsel for the BTC referred to the Annexures of this writ petition and submits that the petitioner has not yet filed any

representation to the Director of Education, BTC Kokrajhar i.e. respondent No. 2. On perusal of the annexures, I am satisfied that the petitioner has

yet to file an representation as stated by Mr. Bora.

In view of the same, as consented to by the learned counsel for the petitioner along with the other counsel appearing on behalf of the respondents, I

dispose of this writ petition at this motion stage thereby directing the petitioner to file an appropriate representation to the Director of Education BTC,

Kokrajhar, i.e. respondent No. 2 upon which the respondent No. 2 shall consider the grievance raised by the petitioner including the apprehension of

causing irreparable loss to the students and pass an appropriate order preferably within an outer limit of two weeks from the date of receipt of the

representation.

Accordingly, this writ petition stands disposed of.