High Court · 2009

Considering the grievance raised in the writ petition and as agreed to b y the learned counsel appearing for the parties, this writ petition is disposed of at the motion stage itself. Praying for a direction to the respondents to absorb the petitioner agai nst a sanctioned vacant post of Lower Division Assistant at PC Prova Girls’ High School lying under respondent No.3, the instant writ petition has been filed in voking power under Article 226 of the Constitution of India. The petitioner’s case in brief is that pursuant to the order issued by t he Inspector of Schools, Barpeta District Circle, the petitioner was initially a ppointed as an Office Assistant on honorary basis at PC Prova Girls High School against a second post of LDA on 05.03.1994 and subsequently vide order dated 25. 05.2000 Padmashri Chandrapova Balika ME School and Padmashri Chandra Prova Girls ’ High School were amalgamated and the petitioner was allowed to continue agains t the second post of Office Assistant by the School Authority. The Office Assist ant Late Siddheswar Medhi, who was working against the first post of LDA in the said School, went on earned leave wef 01.12.2006 and subsequently he expired on 14.01.2007. The petitioner was allowed to work against the said vacant post w.e. f the date of aforesaid leave availed by Late Siddheswar Medhi and subsequently after his death the petitioner had been discharging his duties as the sole Offic e Assistant in the said PC Prova Girls’ High School, but he has not been absorbe d against the said post, though the post is lying vacant since the death of Sidd heswar Medhi. On the other hand, the respondent authority has utilized the servi ce of the petitioner continuously for the last 15(fifteen) years. Thus aggrieved by the action of the authority in not absorbing the petitioner in the sanctione d post, the instant petition has been filed with the aforesaid prayer. Mr. Pathak, learned Standing counsel, Education Department, Assam has on the other hand submitted that the post of Lower Division Assistant is to be fil led up as per provisions of Rule 4 of the Assam Secondary Education (Provinciali sed) Service Rules 2003. The relevant Rule 4 is quoted hereunder: Rule 4. Method of recruitment: (a)(i) Recruitment to the Cadre of Lower Division Assistant under rule 3 (2)(a)(ii) and in Class IV posts under rule 3(2)(b) in the Office of the High, H igher Secondary, Higher Secondary and Multipurpose Schools shall be made directl y by the Appointing Authority from the select list prepared by the School Select ion Committee constituted under the provisions of rule 8(c) on the basis of test and interview; (ii) The Principal or the Head Master, as the case may be, where the vac ancy exists or likely to exist within the next 3 months shall submit the proposa l for filling up the said posts to the Inspector of Schools for approval. After obtaining approval of the Inspector of Schools the Principal or the Head Master shall inform the District Employment exchange about the vacancies with a request to send the list of candidates for selection to fill up the vacancies; (iii) After receipt of the list of candidates from District Employment Exchange the Principal or the Head Master shall inform the School Selection Committee to hold the written test for selection of Lower Division Assistant alongwith typewr iting test and written test alongwith viva-voce for Class IV posts in consultati on with the Inspector of Schools concerned. (iv) Then the School Selection Committee shall prepare a select list of candidat es containing double the number of vacancies and the Member-Secretary shall subm it the select list to the Appointing Authority for appointment. The Appointing Authority, i.e. the inspector of Schools concerned shall fill-up the vacancies in order of merit/preference from the select list and shal l maintain the reservation provisions as per rule wherever applicable. (a) Academic qualification: The qualification for direct recruitment for the post of Lower Division Assistan t in High, Higher Secondary, Higher Secondary and Multipurpose Schools shall be Higher Secondary Examination passed or equivalent and having diploma in English and Assamese typewriting. The qualification for the post of Class IV employee sh all be Class X standard. (c) Age- A candidate for the post of Lower Division Assistant and Class IV shall be within the age limit of 18 to 36 years as on the 1st day of January of the year of advertisement for direct recruitment. Mr. Pathak has submitted that the post of LDA/Grade IV are to be filled up as per provision of Rule quoted hereinabove. Therefore, as and when advertise ment is made as per Rule 4, for filling up the post which is now lying vacant in the PC Prova Girls’ High School, the petitioner may apply for the same and part icipate in the selection process. Mr. Goswami, learned counsel for the petitioner has submitted that the p etitioner has become over aged, inasmuch as, as per Rule 4, a candidate for the post of LDA and Class IV shall be within the age limit of 18 to 36 years as on t he first day of January of the year of advertisement for direct recruitment. On the other hand, the petitioner is serving in the PC Prova Girls’ High School si nce 1994 and therefore a direction be issued to the authority to consider his ca se for selection and appointment in the post of LDA as and when the advertisemen t is made for the same. Considered the submission made by the learned counsel appearing for the parties. Perused the materials available on record as well as the relevant Rules as referred to by the learned Standing counsel, Education Department. Rule 30 of the aforesaid Rules provides for relaxation. In view of the a bove relaxation clause, the petitioner is at liberty to approach the appropriate authority under the Government praying for relaxation of his age and if any suc h application is made, the authority shall consider the same, keeping in view th e fact that the petitioner has been serving in the School on honorary basis cont inuously for last 15(fifteen) years and the experience so gathered is to be pref erred while considering the merit of the respective candidates. With the above direction, the writ petition stands disposed of. No costs .