Right to be considered for promotion is a fundamental right, right to promotion is not, says Gauhati High Court

The Gauhati High Court has recently dismissed a petition filed by a Graduate Teacher challenging the vires of Rule 14(2) of the Assam Secondary Education (Provincialisation) Service Rules, 2003 on grounds of not being promoted as the headmistress of the school. The Court reiterated that while right to be considered for a promotion is a Fundamental Right, the right to promotion is not. 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, reports LiveLaw. The petitioner, who was initially appointed as a Graduate Teacher in C.S. Rawanapur Higher Secondary School in Assam, was 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. However, the school Department of Secondary Education, Government of Assam advertised 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. The Court went through the relevant judgement passed by the coordinate bench and agreed with the observations of the coordinate bench and dismissed the present matter noting that it finds no merit in the contentions of the petition. With inputs from agencies Read all the Latest News , Trending News , Cricket News , Bollywood News , India News and Entertainment News here. Follow us on Facebook , Twitter and Instagram .