Md. Anwar Hussain v. The State of Assam and 5 Ors

PageoNo.#o1/3 GAHC010196972024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4905/2024o MD.oANWARoHUSSAINo SONoOFoLATEoHAFIZoABDURoROUF,o RESIDENToOFoVILL-oKABARIBOND,o P.O.-oPATHARKANDI,oP.S.-oPATHARKANDI,o DIST-oKARIMGANJ,oASSAM,oPIN-o788724. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo TOoBEoREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,o DEPARTMENToOFoSCHOOLo(SECONDARY)oEDUCATION,o DISPUR,oGUWAHATI-06. 2:THEoDIRECTOR oSECONDARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoINSPECTORoOFoSCHOOLS oKARIMGANJoDISTRICToCIRCLE oKARIMGANJ oASSAM. 4:THEoALIGARHoMUSLIMoUNIVERSITY oALIGARH oUTTARoPRADESH oPIN-o202002.o (TOoBEoREPRESENTEDoBYoITSoREGISTRAR). 5:THEoPRINCIPAL Page No.# 2/3 ASIMIA HIGHER SECONDARY SCHOOL NALUGAON PATHERKANDI

DIST.- KARIMGANJ ASSAM. 6:ABUL HUSSAIN MD. LUQMAN SON OF MD. ASHAHID ALI

RESIDENT OF VILL-HIZIM

P.O.- DASGRAM DIST.- KARIMGANJ

ASSAM PIN-788722 Advocate for the Petitioner : MR. A R BHUYAN, MR N Z CHOUDHURY,MR S ABDULLAH Advocate for the Respondent : SC, SEC. EDU.,

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR

23.09.2024 O R D E R

Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. U. Sharma, learned Standing Counsel, Secondary Education Department, Government of Assam, for respondent Nos.1, 2 and 3. The petitioner is presently serving as Assistant Teacher of Asimia Higher Secondary School in the district of Karimganj. It is the case of the petitioner that Principal of Asimia Higher Secondary School would be retiring on 30.09.2024 and the petitioner claims to have a right for being considered for the post of in-Charge Principal of the said Asimia Higher Page No.# 3/3 Secondary School. To that effect, the petitioner made a representation to the Director of Secondary Education, Assam through the Inspector of Schools, KDC, Karimganj on 03.09.2024. The said representation was forwarded to the Director of Secondary Education, Assam/respondent No.2 on 10.09.2024 by the Inspector of Schools, KDC, Karimganj. Learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is given to the respondent No.2 to consider the representation made by the petitioner. Mr. Sharma, learned Standing Counsel, Secondary Education Department, has no objections. Accordingly, this writ petition is disposed of directing the respondent No.2 to consider the representation made by the petitioner by hearing all the stakeholders including the petitioner as well as the respondent No.6/Abul Hussain Md. Luqman and dispose of the same by a speaking order and in accordance with law within a period of one month from the date of receipt of a copy of this Court's order. Till the representation is disposed of, the respondent No.2 shall make alternative arrangement for holding the post of in-Charge Principal of the said Asimia Higher Secondary School, Karimganj. With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant