Decided on March 26,2021

Aynal Haque Appellant


H.S.Thangkhiew,J. - (1.) The writ petitioner by this application is seeking a mandamus to include his name in the list of sanctioned post of teachers of Beparipara S.S.A. L.P School, to allow him to take charge of the post Head Teacher of the said school and to order for removal of the private respondent No. 6, from the post of sanctioned teacher who he alleges, is continuing in service on the strength of fake certificates. The case as put up is that the Managing Committee of the School by Resolution dated 03.11.2016, had resolved to promote the petitioner to the post of head teacher in place of one Shri. Saidul Miah (Respondent No. 5), which was also duly approved by the Competent Authority, but however, he was not permitted to take charge of the said post. The other grievance of the petitioner is that, though he was more eligible to be considered for appointment to a sanctioned post having attained the essential qualifications at an earlier point of time, he was not accommodated against the same and instead respondents No. 5 and 6 were appointed against the sanctioned posts. Further grievance is that, respondent No. 6 by submission of fake certificates continues to hold on to his post of Teacher, which is a sanctioned post and that as there has been no response to his representations and complaints in this regard, has compelled the petitioner to approach this Court by way of this instant writ petition.
(2.) Mr. A.H. Hazarika, learned counsel for the petitioner submits that the petitioner and the respondents No. 5 and 6, were appointed together on 29.01.2002, on the recommendation of the Managing Committee as Lower Primary School Teachers in Beparipara L.P School, on a lump sum salary of Rs.3000/- (Three Thousand Rupees only) per month. It is further submitted that after his appointment in the year 2005, the writ petitioner attained further qualification of (10+2) HSSLC pass, and is now pursuing D.El.Ed. from the National Institute of Open Schooling, and as such, is well qualified to hold the post of L.P. School teacher.
(3.) Learned counsel submits that vide a Resolution dated 03.11.2016 of the Managing Committee, the petitioner was promoted and asked to take charge as Head Teacher of the School from Shri. Saidul Miah, the respondent No. 5, who by another Resolution in the same meeting itself, was demoted from the said post of Head Teacher for allegedly mis-appropriating the Mid- Day Meal Scheme amount, taking bribe as well as being inattentive in school. Learned counsel submits that the said Resolution was forwarded to the District Mission Co-ordinator who approved the same, but however, the petitioner till date has not been permitted or allowed to take over as Head Teacher.;

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