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2017 DIGILAW 251 (GAU)

BIJULI DEVI v. STATE OF ASSAM

2017-02-27

SUMAN SHYAM

body2017
1. Heard Ms. K. Devi, learned counsel for the petitioner. Also heard Mr. C. Bhattacharjee, learned departmental counsel appearing for the respondent Nos.1 to 3. None appears for respondent Nos.4 and 5. 2. The controversy in this writ petition pertains to competing claim made by the writ petitioner as well as the respondent No.5 for holding the post of in-charge Headmaster in the Barbhag Girls High School, Nalbari. It may be mentioned herein that by the order dated 03.08.2015 issued by the respondent No.2 the respondent No.5 has been allowed to hold the charge of Headmaster of the said school. 3. Ms. K. Devi, learned counsel for the petitioner, submits that the petitioner is not only senior to the respondent No.5 in the school but is also better qualified and therefore, in view of the several judicial pronouncements of this Court mandating that only the seniormost qualified candidate is required to be appointed as the in-charge Headmaster, the appointment of the respondent No.5 is illegal and liable to be set aside. 4. The learned departmental counsel has drawn the attention of this Court to the letter dated 11.09.2015 (Annexure-I to the writ petition) issued by the Inspector of Schools, NDC, Nalbari to submits that both parties have already been heard by the School Inspector and thereafter the entire matter was forwarded before the respondent No.2 to take a decision in accordance with the requirements of law. However, despite the letter dated 11.09.2015, no decision has been taken in the matter by the respondent No.2 till date. 5. Who amongst the two candidates would be the right choice for appointment as in-charge Headmaster in accordance with the rules is a matter that would have to be decided by the respondent No.2. Since the issue is pending decision before the respondent No.2, I dispose of this writ petition with a direction to the respondent No.2 to review the position and thereafter take a fresh decision in the matter of appointment of in-charge Headmaster of Barbhag Girls High School, Nalbari after considering the claims of the petitioner and the respondent No.5. In doing so, the respondent No.2 will give a personal hearing to both the candidates if the same is felt necessary. The direction, as contained above, be carried out within a period six weeks from the date of receipt of a certified copy of this order. 6. In doing so, the respondent No.2 will give a personal hearing to both the candidates if the same is felt necessary. The direction, as contained above, be carried out within a period six weeks from the date of receipt of a certified copy of this order. 6. The writ petition stands disposed of in terms of the above.