Anuwar Firoz Mehdi vs Abdul Matlib

Mr. Ajit Singh, C.J.—Both these appeals are directed against order dated 30.3.2015 passed by the learned Single Judge of this High Court in WP(C) No. 1755/2015 whereby he has held that none of the appellants are entitled to be in-Charge Headmaster of Mowamari High School, Nagaon. It is to be noted that the learned Single Judge has also directed the Director of Secondary Education, Assam to make arrangement for appointment of some qualified person as Headmaster-in-Charge of the school in question.

Rule 14 of the Assam Secondary Education (Provincialisation) Service Rules, 2003 provides for recruitment to the post of Headmaster of High School. According to sub-Rule (2) the post of Headmaster is to be filled up by promotion from the school-wise seniority list on the recommendation of the State Selection Board. Sub-Rule (4) clearly provides that the minimum qualification for the post of Headmaster shall be graduate in Arts, Science or Commerce with B.T. or B.Ed. degree.

Admittedly, neither Md Anuwar Firoz Mehdi (appellant in WA 75/2015) nor Abdul Matalib (appellant in WA 115/2016) possess the minimum qualification. We are, therefore, in complete agreement with the view taken by the learned Single Judge that they are not entitled to hold the post of Headmaster even as in-charge of that post. The State Government, in the interest of students, is however expected to take immediate steps for filling up the post of Headmaster by a qualified eligible person.

With the above observation, the appeals are dismissed.