Law Insider India

Legal News, Current Trends and Legal Insight | Supreme Court of India and High Courts

Gauhati HC: Right To Be Considered For Promotion is a Fundamental Right

2 min read

Shivani Thakur

Published on: May 12, 2022 at 17:56 IST

The Gauhati High Court has dismissed a petition filed by a Graduate Teacher challenging Rule 14(2) of the Assam Secondary Education Service Rules, 2003 on grounds that she was not promoted to the position of the headmistress.

The right to be considered for promotion is a fundamental right, while the right to promotion is (not) fundamental right.”

“It was held that the right of the Assistant Head Master to be promoted to the post of Head Master is not denied or diminished as he still can be promoted to the post of Head Master by taking into account his seniority in the cadre of Graduate Teacher and therefore his chance of getting promoted to the post of Head Master is not lost.” The Court said.

It was also noted that there was no claim or request made by the parties herein that the cited judgment requires reconsideration.

The Department of Secondary Education, Government of Assam advertised the post of Headmaster along with other posts lying vacant.

In response to the said advertisement, the petitioner as well as respondent applied for the post of Headmistress of Sarojini Devi Ucchal Balika Bidyalaya.

Respondent was selected for the post of Headmistress in Sarojini Devi.

The petitioner moved the Court challenging the validity of Rule 14(2) of the Assam Secondary Education (Provincialisation) Service Rules.

The Petitioner submitted that the provisions for recruitment to the post of Headmaster/ Assistant Headmaster are prescribed under Rule 14 of the Rules of 2003.

He submitted that although under Rule 14(2) of the Rules of 2003, it is prescribed that the post of Headmaster shall be filled upon by promotion from school wise seniority list on the recommendation of the State Selection Board, Assam and the selection of the incumbent shall be based upon seniority and satisfactory ACR for the three (3) consecutive years, but it is also provided that the seniority shall be determined from the date of receiving the Graduate Scale as per rules.

He argued that to the extent the Rule provides for deciding the seniority on the basis of receipt of Graduate Scale of Pay as per Rule 24(2), the instant rule.

According to the counsel for the petitioner, respondent was not eligible for the selection to the post of Head Master as she did not fulfil the eligibility criteria because she did not acquire the requisite qualification of B.Ed Degree. But the petitioner had all the requisite qualifications.

The Bench held that as the Rules permit, there is no infirmity in taking School-wise seniority in the cadre of Graduate Teacher as the basis for considering the inter se seniority and also for the purposes of considering the incumbents in the feeder cadre for promotion to the next higher post.