Research › Search › Judgment

Gauhati High Court · body

2017 DIGILAW 731 (GAU)

MD. HAIDAR ALI v. STATE OF ASSAM

2017-06-05

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT : A.M. Bujor Barua, J. Heard Mr. I. Hussain, learned counsel for the petitioner and Mr. N. Sarma, learned Standing Counsel for the Education Department, Assam. 2. The petitioner was appointed by the Managing Committee of the Bechimari Higher Secondary School, district Darrang as the Second Grade-IV employee as per the resolution No.9 dated 14.12.1991. It is stated by the learned counsel for the petitioner that the said school was established in the year 1960 and got its first ad-hoc grant in the year 1963. On 01.02.1985, the school was provincialised. In such view of the matter, the appointment of the petitioner was made by the Managing Committee of the school after the school was provincialised and as such the same may not have the authority of law. 3. Be that as it may, it is the case of the petitioner that because of the number of students in the school as well as considering the fact that the school is a five Class Higher Secondary School, there is a requirement of having one additional Grade-IV employee, as the school has only one such Grade-IV employee. 4. In the aforesaid circumstance, this writ petition is being preferred by the petitioner for a direction to the respondent authorities to immediately sanction a post of Grade-IV in the Bechimari Higher Secondary School and thereafter to provincialise/regularize/adjust the service of the petitioner against such post, which may be created. 5. This Court is of the view that sanctioning of a post is within the administrative realm of the authority and in will be inappropriate for this Court in exercise of its power under Article 226 of the Constitution of India to issue a direction to the respondent authorities to sanction such post. 6. In the aforesaid circumstance, it is deemed appropriate that the ends of justice would be met if the respondent authorities are directed to give a consideration and take a decision as to whether any additional post of Grade-IV post is required in the Bechimari Higher Secondary School, Darrang. In the event, the respondent authorities, upon given due consideration, is of the view that such post is required to be sanctioned, the said post, which may be sanctioned, would be filled up by following the due procedure of law. In the event, the respondent authorities, upon given due consideration, is of the view that such post is required to be sanctioned, the said post, which may be sanctioned, would be filled up by following the due procedure of law. It is further provided that while filling up the said post, if sanctioned, the candidature of the petitioner would also be considered for the purpose. 7. The decision, as to whether the sanction post is required or not, may be taken within a period of six months from the date of receipt of a certified copy of this order. 8. In terms of the above, this writ petition stands disposed of.