Page No.# 1/5 GAHC010067582020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2108/2020 ABDUL HYE S/O- TAFIZ UDDIN, R/O- VILL. BHERBHERI, P.O. DHUPAGURI, P.S.- BATADRAVA, DIST- NAGAON, ASSAM, PIN- 782123. VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY ITS COMMISSIONER AND SECRETARY, SECONDARY, EDUCATION DEPARTMENT, GOVERNMENT OF ASSAM DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS NAGAON NDS DIST- NAGAON ASSAM. 4:MD. SHAMSUL HAQUE IN-CHARGE HEAD MASTER FAKARUDDIN ALI AHMED ADARSHA HIGH SCHOOL P.O.- DHUPAGURI DIST- NAGAON ASSAM Advocate for the Petitioner : MR E AHMED, MR. K A MAZUMDER,MR. R A CHOUDHURY Advocate for the Respondent : SC, SEC. EDU., MS H. AHMED,MR. M A I HUSSAIN,MR. A R BHUYAN Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 10.09. 2026 Heard Mr. E. Ahmed learned counsel for the petitioner. Also heard Mr. A. R. Bhuyan, learned Senior Counsel for the Respondents; Mr. P. P. Dutta, learned Standing Counsel, Secondary Education. 2. This writ petition is filed by the writ petitioner, namely Md. Abdul Hye, apprehending that the Private Respondent No. 4, namely Md. Shamsul Haque, who was appointed as the Headmaster-in-Charge vide order dated 7th February, 2017 will be continued in service and subsequently regularized. The grievance of the writ petitioner is that the petitioner is the senior-most Assistant Teacher, and that the B.A. and B.Ed. Degrees obtained by the Private Respondent are not valid and, therefore, the authorities could not have appointed him as the Head- in-Charge. The petitioner claims that being the senior most Assistant Teacher, he ought to have been considered for the post of Headmaster. 3. Subsequent to the writ petition being filed, it has been brought to the notice of the Court that the process for appointment of regular Headmasters Page No.# 3/5 and Principals of High Schools and Higher Secondary Schools has been undertaken by the Government of Assam, Department of Secondary Education, and insofar as the District of Nagaon is concerned, the process has already been undertaken; however the final select list has not yet been published. 4. Mr. A. R. Bhuyan, learned Senior Counsel, assisted by Mr. N. Z. Choudhury, learned counsel for the respondents submits that in WP(C) No. 977/2026, this Court vide order dated 09.09.2026 had disposed of the matter, taking note of the submissions of the learned Standing Counsel, Secondary Education Department that the process for selection of regular Headmasters and Principals in High Schools and Higher Secondary Schools in the District of Nagaon has been completed and the final select list is likely to be published any day. Taking note of such submissions, the said writ petition was disposed of, directing the respondent authorities to do the needful and pass appropriate orders thereon in respect of the claims of the petitioner. 5. It is the submission of Mr. A. R. Bhuyan, learned Senior Counsel for the Respondents that insofar as the present proceeding is concerned, since the State has already undertaken the process for selection and appointment of regular Headmasters and Principals for High Schools and Higher Secondary Page No.# 4/5 Schools, steps have been taken by the State for selection and appointment of regular Headmasters insofar as the present school is concerned, i.e. Fakhar Uddin Ali Ahmed Adarsha High School, Nagaon. It is submitted that under such circumstances, the claim of the writ petitioner to be considered for the appointment as an In-Charge Headmaster at this stage may not be considered. 6. Since it is not in dispute that the process for regular selection of Headmaster/ Principal of High Schools and Higher Secondary Schools are underway in the District of Nagaon, and the Department is likely to proceed for appointment of the regular Headmasters, the claim of the writ petitioner at this stage has spent its force, inasmuch as the Department has already initiated the process for appointment of the regular Headmasters. 7. Considering the same, this writ petition stands closed at this stage, without any directions with regard to the claim of the writ petitioner. 8. The Education Department, represented by the Commissioner & Secretary, Department of Secondary Education, will ensure that the regular Headmaster of Fakhar Uddin Ali Ahmed Adarsha High School in the District of Nagaon is appointed as per the selection list published. Page No.# 5/5 9. The petitioner is given liberty to approach the Court, if his grievance still subsists and, in the event that the respondent authority does not proceed for appointment of regular Headmaster. 10. Accordingly, this writ petition stands disposed of in terms of the above. 11. No order as to cost. 12. Interim order(s), if any, stands vacated. 13. Pending I.A(s), if any, are also dismissed. JUDGE Comparing Assistant