Promotion is not a fundamental right, reiterates Gauhati High Court

STAFF REPORTER

GUWAHATI: The Gauhati High Court has endorsed an earlier judgment delivered by a Co-ordinate Bench of the court, in a separate but similar matter, which was to the effect that while the right to be considered for promotion is a fundamental right, the right to promotion is not a fundamental right.

The judgment came in connection with a Writ Petition filed by a lady who was serving as the Assistant Headmistress as well as the in-charge headmistress of a school in the Jorhat district, but ultimately another candidate was appointed as the full-time Headmistress of the school in 2019.

The court observed in its latest judgment that the appointment of the new Headmistress was done in accordance with the service rules and there was no breach of justice involved in the appointment procedure.

The court cited the principle of the previous judgment, that the right of the Assistant Headmaster/Assistant Headmistress to be promoted to the post of Headmaster/Headmistress is not denied or diminished as he or she can be still promoted by taking into account seniority in the cadre of Graduate Teacher and, therefore, the chance of being promoted is not lost.

Further, the court noted, the earlier judgment had made it clear that "if the Assistant Headmaster is to be made the feeder cadre for the promotion to the cadre of Headmaster, to the exclusion of a Graduate Teachers, then in schools having the post of Assistant Headmaster, as the selection is made school-wise, there will be only one incumbent available for selection to vacant post of Headmaster. If the said incumbent is not found suitable, then the post of Headmaster is likely to remain vacant."

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