Page No.# 1/4 GAHC010264462024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7045/2024 HITESWAR SARMAH S/O- LATE JYOTISH CHANDRA SARMAH, PERMANENT R/O- SARUPATHAR TOWN, DIST- GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY), DISPUR, GUWAHATI-781006 2:THE SECRETARY DEPARTMENT OF EDUCATION (SECONDARY) KAAC DIPHU 3:THE ADDL. DIRECTOR OF EDUCATION KARBI ANGLONG AUTONMOUS COUNCIL DIPHU DIST- KARBI ANGLONG ASSAM PIN-782460 4:THE INSPECTOR OF SCHOOLS KARBI ANGLONG DISTRICT CIRCLE DIPHU DIST- KARBI ANGLONG ASSAM PIN-78246 Page No.# 2/4 Advocate for the Petitioner : MR. S B PRASAD, MR. M K SARMA Advocate for the Respondent : SC, SEC. EDU., SC, K A A C BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 03.01.2025 Heard Mr. S. B. Prasad, learned Counsel for the petitioner and Ms. P. Das, learned Standing Counsel Secondary Education appearing for Respondent No. 1. Also heard Mr. J. Chutia, learned Standing Counsel KAAC appearing for the respondents No. 2, 3 and 4. The petitioner, by way of instituting the present proceeding has raised a grievance with regard to a stipulation made in an Advertisement dated 25.11.2024, issued by the respondent No. 4, for recruitment to the post of Principal of Higher Secondary Schools, falling within his jurisdiction to the effect that only permanent residents of areas falling within the administrative jurisdiction of Karbi Anglong Autonomous Council, would be eligible to apply in pursuance to the said advertisement. Mr. J. Chutia, learned Counsel for the KAAC authorities at the outset has submitted that he has received instructions that the KAAC authorities would now issue a corrigendum towards omitting the said requirement of being a permanent resident falling within the administrative jurisdiction of the Karbi Anglong Autonomous Council, from the said advertisement dated 25.11.2024. In view of the said submission, the grievance raised by the petitioner in Page No.# 3/4 the present proceedings stands redressed. However, this Court notices that the petitioner, who has expressed his desire to apply in pursuance to the said Advertisement dated 25.11.2024, is a Graduate Teacher working in Bokajan High Secondary School. However, the petitioner has served in the said Higher Secondary School only with effect from 24.08.2012 on being transferred to the said school vide an order dated 17.08.2012. The Assam Secondary Education (Provincialised School) Service Rules, 2018, more particularly, Rule 12 thereof, mandates that a Graduate Teacher for being eligible for recruitment to the post of Principal has to have 17 years of teaching experience as a Graduate Teacher in any Higher Secondary School. The petitioner herein having joined the Higher Secondary School on transfer only on 24.08.2012, does not fulfill the requisite eligibility criteria as mandated under the provisions of Rule 12 of the said Rules of 2018. Accordingly, it is to be held that the petitioner is not eligible for applying in pursuance to the Advertisement dated 25.11.2024. Raising similar issue the petitioner had earlier approached this Court by way of instituting WP(C) No. 1626/2017 and this court vide order dated 29.03.2017 was pleased to dismiss the said writ petition on the ground that the petitioner herein did not have the requisite eligibility for being considered for appointment as Principal in a Higher Secondary School. This Court had in this connection observed as follows: “The petitioner joined as an Assistant Teacher on 12.09.1998 in the graduate scale of pay in Barpathar M. E. School, in Karbi Aanglong District. Subsequently, he was transferred to Bokajan Higher Secondary School on 24.08.2012. Admittedly, the petitioner does not have the requisite teaching experience of 17 years as a Graduate Teacher either in any Higher Secondary or Higher Secondary Multi-purpose school. A teacher drawing graduate scale of pay in an M.E. School cannot be equated with a Graduate Teacher in any Higher Secondary or Higher secondary Multi- purpose school. A teacher drawing graduate scale of pay in an M.E. School cannot be equated Page No.# 4/4 with a Graduate Teacher in any Higher Secondary or Higher secondary Multi-purpose school. The mere fact the petitioner was allowed to participate in the selection process for the post of Principal will not bestow the petitioner with any indefeasible right to be considered for selection when he does not fulfill the eligibility criteria. In that view of the matter, the Court does not feel it necessary to go into the question posed by the petitioner as the same will be an academic exercise. Therefore, the issue is kept open to be decided in a more appropriate case. For the reasons discussed above, the writ petition is dismissed. No. cost.” In view of the above position, this Court is of the considered view that the petitioner is not eligible given the fact that he does not fulfill the requisite eligibility criteria’s as mandated in Sub-rule (3) of Rule 12 of the said Rules of 2018 for being considered for recruitment against the Post of Principal in a Higher Secondary School and consequently, no direction can be issued for consideration of the case of the petitioner for appointment against the post of Principal in pursuance to the said Advertisement dated 25.11.2014. Accordingly, at the instance of a ineligible candidate, this court would not proceed to interfere with the recruitment process as initiated vide the advertisement dated 25.11.2024. In view of the above discussion, the present writ petition is held to be devoid of any merit and accordingly, the same stands dismissed. There will be however no order as to costs. JUDGE Comparing Assistant