Hazarat Alom Vs. State of Assam and ors. - Court Judgment

Excerpt:

- .....that pursuant to an advertisement, a regular selection for the aforesaid post of superintendent was held and he was selected for the same. in fact, by annexure (c) order dated 6.11.2003, the petitioner was appointed as superintendent by the managing committee of the school pursuant to his selection. it is the case of the petitioner that he has joined the post of superintendent. the managing committee of the school then approached the jurisdictional inspector of schools, ddc, dhubri by its communication dated 11.11.2003 forwarding the copy of the relevant resolution appointing the petitioner as superintendent of the said school for necessary approval etc.4. it is the grievance of the petitioner that in spite of selection and appointment by the managing committee of the school, the required approval has not been accorded by the inspector of schools.5. in wp(c) 8557/03, this court while issuing notice of motion dated 1.10.2003 provided that the petitioner therein should be allowed to continue as head master-in-charge. the petitioner was appointed as superintendent-in-charge but the post was required to be filled up on regular basis. in fact, the regular selection has already.....

Judgment:

B.K. Sharma, J.

Since the same question of fact is involved in both the writ petitions, I propose to dispose of the same at the motion stage itself.

1. Heard the learned counsel for the parties.

2. In WP(C) 8557/03, it is case of the petitioner that he has been appointed as Superintendent-in-Charge of Borair Alga High Madrassa by Annexure - A order dated 7.4.2003. The condition was attached to the said appointment order to the effect that a regular Superintendent would be appointed within four (4) months. The said appointment of the petitioner by the Managing Committee was approved by the aforesaid Annexure - A order dated 7.4.2003.

3. In WP (C) No. 9518/03, it is the case of the petitioner that pursuant to an advertisement, a regular selection for the aforesaid post of Superintendent was held and he was selected for the same. In fact, by Annexure (C) order dated 6.11.2003, the petitioner was appointed as Superintendent by the Managing Committee of the school pursuant to his selection. It is the case of the petitioner that he has joined the post of Superintendent. The Managing Committee of the school then approached the Jurisdictional Inspector of Schools, DDC, Dhubri by its communication dated 11.11.2003 forwarding the copy of the relevant resolution appointing the petitioner as Superintendent of the said school for necessary approval etc.

4. It is the grievance of the petitioner that in spite of selection and appointment by the Managing Committee of the school, the required approval has not been accorded by the Inspector of schools.

5. In WP(C) 8557/03, this Court while issuing notice of motion dated 1.10.2003 provided that the petitioner therein should be allowed to continue as Head Master-in-Charge. The petitioner was appointed as Superintendent-in-Charge but the post was required to be filled up on regular basis. In fact, the regular selection has already been held and as per the averments made in the WP(C) 9518/2003 the writ petitioner therein has been selected and appointed as Superintendent of the school by the Managing Committee. Only requirement now is to give necessary approval by the Jurisdictional Inspector.

6. In this view of the matter both the writ petitions are disposed of with the direction to the Inspector of schools, DDC, Dhubri, to consider the resolution adopted by the Managing Committee of the school approving the selection of the petitioner in WP(C) No. 9518/03 for appointing him as Superintendent of the school towards necessary approval in accordance with the rules.

7. This shall be done within a period of two (2) weeks from the date of the receipt of the copy of the order. Status quo as on today shall be maintained till then.