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Bitu Paban Das v/s The State of Assam Rep By The Commissioner And Secretary To The Govt. of Assam Education, Deptt. (Secondary) Dispur, Guwahati-6 & Others


Company & Directors' Information:- ASSAM COMPANY INDIA LIMITED [Active] CIN = L01132AS1977PLC001685

Company & Directors' Information:- G DAS & CO PVT LTD [Active] CIN = U74992WB1935PTC008299

Company & Directors' Information:- H H EDUCATION PRIVATE LIMITED [Active] CIN = U80301WB1997PTC083294

Company & Directors' Information:- DAS & CO PVT LTD [Strike Off] CIN = U72100AS1946PTC000740

Company & Directors' Information:- K C DAS PVT LTD [Active] CIN = U15433WB1946PTC013592

Company & Directors' Information:- P. L. G. EDUCATION PRIVATE LIMITED [Active] CIN = U80300DL2007PTC171109

Company & Directors' Information:- N I D T EDUCATION PRIVATE LIMITED [Strike Off] CIN = U80301DL2002PTC117695

Company & Directors' Information:- D K DAS & CO PVT LTD [Active] CIN = U51909WB1938PTC009288

Company & Directors' Information:- U C DAS & CO PVT LTD [Active] CIN = U31200WB1987PTC042709

Company & Directors' Information:- DAS & DAS PVT LTD [Strike Off] CIN = U51109WB1950PTC019222

Company & Directors' Information:- C S EDUCATION PRIVATE LIMITED [Active] CIN = U80211DL2004PTC125711

Company & Directors' Information:- A S DAS CO PVT LTD [Strike Off] CIN = U51109WB1957PTC023552

Company & Directors' Information:- A 2 Z EDUCATION LIMITED [Strike Off] CIN = U80903MH2008PLC183106

Company & Directors' Information:- S D EDUCATION PRIVATE LIMITED [Strike Off] CIN = U80903MH2004PTC147463

Company & Directors' Information:- DAS-G INDIA PRIVATE LIMITED [Active] CIN = U24304DL2020PTC370609

Company & Directors' Information:- K-EDUCATION PRIVATE LIMITED [Active] CIN = U80301MH2014PTC256056

Company & Directors' Information:- P W EDUCATION PRIVATE LIMITED [Under Process of Striking Off] CIN = U80212TN2009PTC072151

Company & Directors' Information:- A S C EDUCATION PRIVATE LIMITED [Under Process of Striking Off] CIN = U80904TG2015PTC099629

Company & Directors' Information:- V S INDIA EDUCATION PRIVATE LIMITED [Active] CIN = U80904UP2016PTC084320

Company & Directors' Information:- O S EDUCATION PRIVATE LIMITED [Strike Off] CIN = U74999UP2008PTC035501

Company & Directors' Information:- G D EDUCATION PRIVATE LIMITED [Strike Off] CIN = U80302DL2003PTC122716

Company & Directors' Information:- S S V EDUCATION PRIVATE LIMITED [Active] CIN = U80904DL2012PTC245724

Company & Directors' Information:- S S M EDUCATION PRIVATE LIMITED [Active] CIN = U72200HR2010PTC040713

Company & Directors' Information:- P K DAS & CO PVT LTD [Strike Off] CIN = U74210WB1955PTC022259

Company & Directors' Information:- P H EDUCATION PRIVATE LIMITED [Under Process of Striking Off] CIN = U80211DL2008PTC177735

Company & Directors' Information:- O E S EDUCATION PRIVATE LIMITED [Strike Off] CIN = U80302DL2006PTC154572

    Case No. WP(C)/1449 of 2020

    Decided On, 20 November 2020

    At, High Court of Gauhati

    By, THE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

    For the Petitioner: A.K. Sarma, Advocate. For the Respondent: SC, Sec. Edu.



Judgment Text

Judgment & Order (Oral)1. Heard Mr. A.K. Sarma, learned counsel for the petitioner. Also heard Mr. R. Mazumdar, learned counsel for the Secondary Education Department of Government of Assam.2. Considering the nature of the matter, we are of the view that notice to the respondent no. 4 being the Principal, Chaparmukh, need not to be issued.3. The petitioner is presently serving as a Grade-IV employee in the Chaparmukh B.B.H.H.S. School. It is stated that one post of Junior Assistant is presently vacant in the said school. The petitioner claims that under the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 under Rule 5(2) 5% of the total posts of Junior Assistant of a district is required to be filled by direct recruitment from the candidates amongst the GradeIV staffs of the school in the concerned district.4. In the circumstance, this writ petition is instituted for a direction to the respondent authorities to promote the writ petitioner to the post of Junior Assistant in the Chaparmukh B.B.H.H.S. School.5. The petitioner refers to a judgment dated 11.09.2019 of the Division Bench of this Court in Mihir Chakraborty & others vs. the State of Assam & others in WP(C) No. 7969/2015 and other writ petitions, which is also stated to be reported in 2019 (5) GLT 280. In paragraph 25 of the said judgment, the Division Bench has issued a direction to the respondents to consider framing suitable provision for promotion of the Class IV employees for the Junior Assistant by prescribing any such eligibility criteria that may be deemed appropriate.6. Mr. R. Mazumdar, learned counsel for the Secondary Education Department states that pursuant to the requirement of the said direction, the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 is framed, and Rule 5(2) specifically for the compliance of the direction in the aforesaid judgment dated 11.02.2019. A reading of the Rule 5(2) goes to show that 5% of the total post of the Junior Assistant of a district can be filled by direct recruitment from the candidates amongst the Grade-IV staffs in the schools of the district and therefore, the petitioner would not be entitled to the benefits of the consideration being Rule 5(2).7. Rule 5(2) provides that 5% of the total post of the Junior Assistant of a district shall be filled by direct recruitment from the candidates amongst the Grade-IV staffs of the concerned district. As per the requirement of Rule 5(2) the respondent authorities would identify the vacancies for direct recruitment amongst the Grade-IV employees of the district which would comprise of 5% of the total posts of Junior Assistant in the district and thereupon issue necessary advertisement for direct recruitment from amongst the eligible Grade-IV staffs. All such Grade-IV staffs which may be eligible and desirous to avail the benefit of direct recruitment may apply. The petitioner may also participate in such process for direct recruitment and compete on merit.8. The requirement of initiating the direct recruitment process to at least some of the posts which may be included in the 5 % of the total number of posts in the cadre be initiat

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ed within a period of three months as agreed to by the learned counsel for the Secondary Education Department.9. In doing so, the respondents may also consider which are the vacant posts in Chaparmukh B.B.H.H.S. School and is also required to be included within 5% post for the Grade-IV staffs.10. In the above terms, the writ petition stands disposed of.
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