Judgment:
B.K. Sharma, J.
1. The petitioner is aggrieved by the order dated 25.5.2007(Annexure-'H' to the writ petition) issued by the Inspector of Schools, Hailakandi District Circle (HDC), Hailakandi allowing the Respondent No. 5 to act as Assistant Head Master (Academic) without any financial benefit of the school namely, Jamira High School. The order has been issued in supersession of earlier order dated. 1.3.2006 (Annexure-'G' to the writ petition), by which the petitioner was allowed to act as Assistant Head Master (Academic) without any financial benefit.
2. The petitioner, while was working as Assistant Teacher in Jamira M.E. School, was allowed to hold the current charge of the post of Headmaster of the School in his grade and scale of pay upon retirement of regular Headmaster of the School. It was stipulated in the order that holding of charge by the petitioner would be till posting of a regular Head-master or until further orders, whichever was earlier. The order was issued by the District Elementary Education Officer, Hailakandi on 21.3.1997.
3. As against the aforesaid position of the petitioner, the Respondent No. 5 was appointed in Jamira High School as an Assistant teacher. He is a graduate. Jamira M.E. school and Jamira High School were amalgamated by Annexure-'D' order dated 23.2.2006. After amalgamation, both the schools were named as Jamira High School. As per the conditions of amalgamation, the qualified staff of the M.E. School serving against duly sanctioned posts were to be absorbed in the amalgamated High School with effect from the date of amalgamation with their respective pay and prospects, but with amalgamated seniority list.
4. As per the notification dated 30.08.2005 issued by the Government of Assam in the Education (S) Department, it was conveyed that upon amalgamation of M.E./M.E. Madrassa with that of High School/High Madrassa, the Headmaster/Headmistress of M.E./M.E. Madrassa School would function as Assistant Headmaster of the amalgamated school without, however, any financial benefit. This notification was modified by the notification dated 19.10.2005, providing that the Headmaster/Headmistress of M.E./M.E. Madrassa School, to function as Assistant Headmaster of the amalgamated school, must have the minimum qualification of graduation.
5. According to the petitioner, although he is not a graduate, but he has degree in Hindi, which is equivalent to a general degree of B.A. In this connection, he has produced the photocopy of the certificates dated. 22.6.1975 issued by the Hindi Vidyapith, New Delhi and the copy of the certificate issued by the principal of Lala Higher Secondary School. While as per the certificate issued by the Hindi Vidyapith, the petitioner has cleared 'Madhvama Hindi Bhusan Pariksha' and he has been conferred with degree of 'Hindi Bhusan', as per the certificate issued by the Principal of the School, the petitioner has passed 'Madhvama (BisharadV examination under Hindi Vidyapith, New Delhi in the year 1975 under Roll No. 293. There is overwriting in the columns relating to the year of passing the examination, which is stated to be 1975 and the Roll No. of the petitioner. While there is initials in respect of the year, in which there is overwriting, but in the overwriting in respect of Roll No., there is no initials. Further, there is no indication of the exact location of Hindi Vidyapith. There is also no indication as to under which authority/University/Board, the said Hindi Vidyapith functions.
6. Mr. N. Choudhury, learned Counsel for the Respondent No. 5 has produced the copy of the letter dated 28.3.1979 issued by the Director of Public Instructions, Assam on the subject of recognition to various examinations conducted by the voluntary Hindi Organizations. As per the said letter, the Government of Assam has recognized the examinations conducted by the various voluntary Hindi organizations as equivalent to degree examination. Such Hindi teachers have been allowed to draw the graduate scale of pay with effect from 1.1.1973. The institutions and the degrees recognized as equivalent to degree examination are as follows:
1. Assam Rastrabhasa Prachar Samity, Praveen
2. Rastrabhasa Prachar Samity, Wardha
Rastrabhasa Ratna
3.Hindi Sahitya Sammilan,
Prayag Madhyama Bisarad
4. Hindi Sahitya Sammilan,
Prayag Sahitya Ratna (Hons) in Hindi
5. Hindi Bisarad Prasar Samity.
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7. While it is the case of the petitioner that since he was the Headmaster of the M.E. School, upon amalgamation of the same with the High School, he is entitled to act as Assistant Headmaster of the amalgamated High School, it is the case of the Respondent No. 5 that since the petitioner is not qualified and he also does not fulfill the requisite criteria, he is not entitled to act as Assistant Headmaster. The Respondent No. 5 in his affidavit has also questioned the legality and validity of the aforesaid certificates. Even otherwise also, it is the case of the Respondent No. 5 that even if the degrees indicated in the said two certificates are taken into account, the same cannot be said to be equivalent to degree examination.
8. In the above context, the Respondent No. 5 has referred to the subsequent notification dated 19.10.2005, which was issued in partial modification of the earlier notification dated 3-0.8.2005. While as per the notification dated 30.8.2005, the Headmaster of the M.E. School is entitled to act as Assistant Headmaster of the amalgamated High School, as per the notification dated 19.10.2005, such benefit, a Headmaster of the M.E. School can derive only when he has the minimum qualification of graduation. According to the petitioner, the aforesaid degree is equivalent to graduation, but according to the Respondent No. 5, by no stretch of imagination, the degrees indicated in the aforesaid two certificates cannot be said to be equivalent to graduation.
9. The degrees in Hindi, which have been recognized by the Government of Assam have been indicated above. The degrees which the petitioner has purportedly obtained, are not to be found in the aforesaid letter dated 28.3.1979. Even otherwise also, it is the common knowledge that the degree in 'Bisharad' in Hindi only can be said to be equivalent to graduation. The certificates produced by the petitioner, even if are taken at its face value, do not depict that the petitioner is even 'Bisharad' in Hindi. As noticed above, the petitioner has been conferred with the degree of 'Madhyama Hindi Bhusan' and/or 'Madhyama (Bisharad)'. The certificate issued by the Headmaster of the School also bears discrepancies in respect of the year of passing the examination and the Roll No. Unless the examinations purportedly undertaken by the petitioner are recognized as equivalent to degree examination (graduation), it cannot be said that the petitioner is qualified to hold the post of Assistant Headmaster.
10. The Director of Secondary Education in his affidavit has categorically stated that the petitioner is not qualified to hold the post of Assistant Headmaster. In this connection, the statements made by the Director in his affidavit in Para-4 is quoted below:
4. That the deponent begs to state that Government vide notification No. B(3) Section 677/2000/331 dated 19.10.2005 specified the minimum qualification for the post of Assistant Headmaster (Academic) in the amalgamated High School/High Madrassa as graduate without any additional financial benefit.
The inter-se-seniority of the teachers of amalgamated High School/High Madrassa will be counted from their respective date of receipt of graduate scale of pay.
The petitioner himself stated in paragraph 4 of the writ petition that he passed matriculation examination and passed Madhyama Hindi Bhusan Examination. The petitioner is not a graduate in Arts/Science/Commerce as such the petitioner is not qualified for the post of Assistant Headmaster of the amalgamated Jamira High School as per Rules.
11. In para-4 of the writ petition, the petitioner himself had stated that he has passed the Matriculation Examination and had also passed the 'Madhyama Hindi Bhusan (Bisharad)' examination, which according to him, is equivalent to graduate in Hindi. The petitioner has annexed Annexure- 'B' certificate issued by the Hindi Vidyapith of New Delhi dated 22.6.1975, about which a mention has been made above. Although the petitioner has stated in para-4 of the writ petition that he has passed the 'Madhyama Hindi Bhusan (Bisharad)' examination, but on perusal of the Annexure- 'B' certificate, no mention of “Bisharad' is found. The certificate only speaks of conferring him the title of 'Hindi Bhusan' and it does not speak of conferring him the degree of 'Hindi Bisharad’.
To bring home the word 'Bisharad', the petitioner has produced the aforementioned certificate issued by the Principal of the School. According to the learned Counsel for the petitioner, both the certificates pertain to the same examination. If that be so, it is not understood as to how the school authority could certify that the petitioner has passed the 'Madhyama (Bisharad)” examination under Hindi Vidyapith, New Delhi, while the parent authority i.e. the Hindi Vidyapith, New Delhi in its certificate issued prior in point of time, did not speak of 'Bisharad'.
12. Learned Counsel for the parties have referred to the Assam Secondary Education (Provincialization) Rules, 2003. As per the provisions of the said Rules, upon amalgamation, an Assistant Headmaster of the M.E. School is only eligible for selection as Assistant Headmaster of the amalgamated school. The Rules itself do not provide for any ad hoc arrangement. However, as per the aforesaid notification dated 30.8.2005 (Annexure-'F' to the writ petition), the Headmaster/Headmistress of the M.E./M.E. Madrassa are entitled to function as Assistant Headmaster/Assistant Headmastress (Academic) in the amalgamated High School/High Madrassa It is on the basis of this notification, the petitioner asserts that he was rightly allowed to function as Assistant Headmaster of the amalgamated school. This notification was modified by Annexure- 'C notification dated 19.10.2005 annexed to the counter affidavit filed by the Director of Secondary Education, Assam. As per the modification, the Headmaster/Headmistress of the M.E./M.E. Madrassa School are entitled to function as Assistant Headmaster/Assistant Headmistress (Academic) in the amalgamated High School/High Madrassa only on possessing the minimum qualification.
13. If the petitioner does not possess the minimum qualification, there is no question of allowing him to function as Assistant Headmaster of the amalgamated school. Both the petitioner as well as the Director of Secondary Education have placed reliance on the circular letter dated 16.7.1983 issued by the Government of Assam in the Education Department. The said circular relates to amalgamation of High School with M.E. School situated in the same campus. As per the said circular, the ad hoc arrangement can be made for appointment of assistant Headmaster in the amalgamated school. Such appointment is to be made from the Headmaster of the erstwhile M.E. School. However, the said circular also provides that the incumbent will have to have necessary academic qualification. Further, such ad hoc arrangement by way of allowing the Headmaster/Headmistress of the erstwhile M.E./M.E. Madrassa is applicable to those Headmasters, who have served minimum period of 10 years in the M.E./M.E. Madrassa School as Headmaster.
14. In the instant case, the petitioner was not appointed as Headmaster of the M.E. School. He was only allowed to hold the current charge of the post of Headmaster without any financial benefit. A copy of the appointment order has been annexed to the rejoinder affidavit filed by the petitioner. The order was issued on 21.3.1997. On perusal of the same, it is apparent that the petitioner was only allowed to hold the current charge of the post of Headmaster of the school in his own grade and scale of pay. He was not appointed as regular Headmaster of the school, but was allowed to look after the current charge of the post of Headmaster, meaning thereby that, he was doing so while holding the post of Assistant Teacher in his grade, scale and pay.
15. If the petitioner was not holding the post of Headmaster on regular basis, there is no question of application of Rules relating to allowing the Headmaster of the M.E./M.E. Madrassa to function as Assistant Headmaster of the amalgamated school. Further, as per the aforesaid requirement, a Headmaster of the M.E./M.E. Madrassa School will have to have 10 years of service to his credit as Headmaster for appointment as Assistant Headmaster of the amalgamated school. By the time the petitioner was allowed to function as Assistant Headmaster (Academic) by order dated 1.3.2006, the petitioner also did not have 10 years of service as Headmaster of the M.E. School to his credit. Thus, as per the own case of the petitioner, he was not eligible for appointment as Assistant Headmaster in the amalgamated school. The petitioner has specifically referred to the aforesaid circular dated 16.7.1983, about which the Director of Secondary Education has also mentioned in his counter affidavit. In para-4 of the rejoinder affidavit, the clauses of the circular of which mention has been made above, have been quoted by the petitioner which do not help the petitioner, rather, it helps the case of the Respondent No. 5.
16. In view of the above, I am of the considered opinion that there is nothing wrong in superseding the order dated 1.3.2006 by which the petitioner was allowed to act as Headmaster (Academic) in the amalgamated institution. By such supersession, it is the Respondent No. 5, the senior most Assistant Teacher (Graduate Cadre) has been allowed to function as Assistant Headmaster (Academic). This has been done by the impugned order dated 15.5.2007 (Annexure- 'H' to the writ petition).
17. Considering the above, I do not find any infirmity in the impugned order dated 25.5.2007 and consequently, the writ petition merits dismissal, which I accordingly do. Interim order passed on 8.6.2007 stands vacated.
18. The issue raised in the writ petition is relating to entitlement or otherwise of the petitioner and the Respondent No. 5 to function as Assistant Headmaster (Academic) of the amalgamated school. The arrangement has been made only for the intervening period and is temporary. It will be appropriate and expedient for the official respondents to fill up the post of Assistant Headmaster on regular basis as per the selection envisaged in the Rules. In the selection, all the eligible candidates as per the seniority position shall be allowed to participate. The respondents shall conduct the regular selection as expeditiously as possible.
19. Writ petition is dismissed. There shall be no order as to costs.