Guwahati, May 13: The Gauhati High Court while dismissing a petition filed by a Graduate teacher seeking justice for not being promoted to headmistress upheld its earlier observation that 'Right to be considered for promotion is a fundamental right, while right to promotion is not'.
The petitioner Protiva Devi challenged the rule of recruitment under Rule 14 (2) of the Assam Secondary Education (Provincialisation) 2003, on grounds of not being promoted as the headmistress of the school.
A division bench of Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia relied on a judgement passed by the co-ordinate bench to pass the said ruling.
As per reports, the petitioner was appointed as a Graduate Teacher in C.S. Rawanapur Higher Secondary School in Assam, she was later transferred to Sarojini Devi Uccha Balika Bidyalaya, where she was fulfilling the duties of a head mistress as the in-charge, since the post was vacant.
The Department of Secondary Education, Government of Assam advertised for the post of Headmaster along with other posts lying vacant, where the petitioner and other respondents applied for. When another respondent got selected for the post, the aggrieved petitioner moved to Court, challenging the decision.