ARAMUL HAQUE CHOUDHURY Vs. THE MANAGING COMMITTEE OF THE MOINUL HAQUE CHOUDHURY HIGHER SECONDARY SCHOOL AND 3 OTHERS
LAWS(GAU)-2018-4-103
HIGH COURT OF GAUHATI
Decided on April 05,2018

ARAMUL HAQUE CHOUDHURY Appellant
VERSUS
The Managing Committee Of The Moinul Haque Choudhury Higher Secondary School And 3 Others Respondents

JUDGEMENT

- (1.) Heard Mr. I.H. Saikia, learned Counsel for the petitioner and Mr. J. Abedin, learned Standing Counsel for the Elementary Education Department. None appears for the respondent, Managing Committee of the Moinul Haque Choudhury Higher Secondary School.
(2.) As per the affidavit in opposition by the managing committee found on record, the petitioner who has the qualification of Master's Degree in Political Science was appointed as assistant teacher on honorary basis in the Moinul Haque Choudhury Higher Secondary School against the post of additional teacher of the additional section of class 8th and 10th. It is stated that the said post against which the petitioner was appointed was not a sanctioned post and secondly the petitioner was appointed by the managing committee of the concerned school although the school was provincilaised at the relevant point of time.
(3.) Mr. I. H. Saikia, learned Counsel for the petitioner refers to a communication dated 18.01.1996 from the Commissioner and Secretary to the Govt. of Assam in the Education Department addressed to the Director of Secondary Education, wherein an alternative procedure for appointment was prescribed. The consequence of such alternative procedure prescribed was that till the existence of the said communication the procedure prescribed under the relevant rules i.e., the Assam Secondary Education (Provincialisation of Service) Rules, 1982 was kept in abeyance or was deemed to have been not in force. The substituted procedure provided by the communication of 18.01.1996 was that the selection of the candidate for filling up the posts of assistant teachers would now be conducted by a selection committee mainly comprising of the managing committee of the school.;


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