FAKRUL ISLAM CHOUDHURY Vs. STATE OF ASSAM AND 6 ORS
LAWS(GAU)-2018-8-20
HIGH COURT OF GAUHATI
Decided on August 07,2018

Fakrul Islam Choudhury Appellant
VERSUS
State Of Assam And 6 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. S.K. Das, learned counsel for the petitioner. Also heard Mr. A. Deka, learned Standing Counsel for the Secondary Education Department, Mr. B. Purkayastha, learned counsel for the respondent No.5, Mr. B. Sinha, learned counsel for the respondent No.6 and Mr. A. Chamuah, learned Standing Counsel for the UGC.
(2.) The petitioner was a Subject Teacher in English in the Chargola Public HS School, Karimganj. By qualification he is a post graduate from Guwahati University and also has the B.Ed degree. The respondent No.5, on the other hand, was an Assistant Teacher in the Kaliganj Public HS School. Both the petitioner as well as the respondent No.5 participated in the selection process for the post of Principal in Kaliganj Public HS School. As per the advertisement dated 19.06.2016, one of the criteria to be followed for the selection as, reflected in the order dated 23.06.2016 of the Director of Secondary Education, Assam is that in the selection process, 5 marks are also to be awarded for leadership skill. The office memorandum provides that the leadership skill is to be assessed on the basis of the result of HSLC/AHM/HSSLC examination of the years 2016 and 2015 of the school in which the concerned candidate was working. It is given to be understood that the provision of the office order of 23.06.2016 makes it explicitly clear that if the concerned candidate was working in the High School section of the school, the overall result of the school in the HSLC examination is to be taken into consideration and on the other hand, if the concerned candidate was working in the higher secondary section of the school, the result of the HSSLC examination is to be taken into consideration.
(3.) In the resultant selection process, as evaluated by the Selection Committee, the respondent No.5 was awarded a total marks of 11.5 and he stood in the first position, whereas the petitioner was awarded 9.74 marks and he stood in the second position.;


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