Page No.# 1/6 GAHC010258782024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6550/2024 MD. FAKARUDDIN ALI ASSISTANT TEACHER, SENIOR MOST, BARUAJHAR HIGH SCHOOL NOW RENAMED AS BARUAJHAR HIGHER SECONDARY SCHOOL, DARRANG, R/O- VILL- NOMATI, PO- DALPAM, BECHIMARI, DIST.- DARRANG, ASSAM, PIN- 784514. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION DEPARTMENT), ASSAM (CIVIL) SECRETARIAT, BLOCK- C, DISPUR, GUWAHATI, ASSAM, PIN- 781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM, PIN- 781019. 3:THE INSPECTOR OF SCHOOLS DARRANG DISTRICT CIRCLE BARPETA, ASSAM Advocate for the Petitioner : MR. B PURKAYASTHA, J.P. BARUAH,MR. B ZAMAN Advocate for the Respondent : SC, SEC. EDU., Linked Case : WP(C)/2489/2024 MD. FAKARUDDIN ALI S/O- ABDUL JUBBAR ASSISTANT TEACHER SENIOR MOST BARUAJHAR HIGH SCHOOL NOW RENAMED AS BARUAJHAR HIGHER SECONDARY SCHOOL DARRANG Page No.# 2/6 R/O- VILLAGE NOMATI P.O- DALPAM BECHIMARI DIST- DARRANG ASSAM PIN-784514 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION DEPARTMENT) ASSAM (CIVIL) SECRETARIAT BLOCK-C DISPUR JANATA BHAWAN GUWAHATI-6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS DARRANG DISTRICT CIRCLE DARRANG ASSAM ------------ Advocate for : MR. A K DUTTA Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 20.01.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. N. J. Khataniar, learned Standing Counsel, Secondary Education Department. 2. The writ petitions are being disposed of by this common order, as the issue to be decided in both the writ petition are the same. 3. The petitioner’s case is that the petitioner’s school, i.e. Baruajhar High School, Darrang, wherein he was the Headmaster, has now been upgraded as Page No.# 3/6 Baruajhar Higher Secondary School, Darrang. 4. The petitioner’s grievance is that though he is the senior most Assistant Teacher of the Higher Secondary School, the Inspector of Schools (respondent No. 3) has been made the in-charge Principal of the said Higher Secondary School. 5. The petitioner’s counsel submits that the post of Principal, Higher Secondary School has to be filled up by direct recruitment, in terms of Rule 12 of the Assam Secondary Education (Provincialzed School) Service Rules, 2018 (hereinafter referred to as the 2018 Rules). He submits that as per the said provision, the Principal has to have the educational qualification of Master Degree with B.Ed. and should have 17 years of experience as a graduate teacher. The petitioner herein however has only 10 years of experience as a graduate teacher, though he has the required educational qualification. 6. The petitioner’s counsel further submits that in terms of letter No. ASE.472/2021-Pt./18 dated 22.02.2022 issued by the Special Commissioner, Education Department to the respondent No. 2, due to up-gradation of the post of Headmaster to the post of Principal in newly upgraded higher secondary schools from high schools, an interim arrangement had been made, allowing the existing Headmaster of the High School to officiate as in-charge Principal in the upgraded Higher Secondary School, provided that they had the requisite academic qualification. Further, the senior most Assistant Teacher in the school, with the requisite qualification, could also be allowed to hold charge of in- charge Principal, with due approval of the Government till a regular Principal was appointed. Page No.# 4/6 7. The petitioner’s counsel submits that the petitioner had earlier filed WP(C) 5888/2022 against the Headmaster of the Baruajhar High School, who was made in-charge Principal when the said High School was upgraded to a Higher Secondary School. The challenge was made on the ground that the in-charge Principal did not have the educational qualification for holding the post of Principal of a Higher Secondary School, in terms of the 2018 Rules. WP(C) 5888/2022 was disposed of, vide order dated 09.09.2022, by directing the Director of Secondary Education, to consider the representation made by the petitioner against the in-charge Principal and to dispose of the petitioner’s representation by a reasoned order in accordance with law. Consequent to the order dated 09.09.2022 passed in WP(C) 5888/2022, a hearing was conducted in the office of the Director, Secondary Education. However, as the in-charge Principal retired on superannuation in the meantime, the respondent No. 3 was allowed to act as the in-charge Principal of the Higher Secondary School until further orders, without considering the case of the petitioner. 8. The petitioner’s counsel submits that the impugned order dated 28.03.2024, allowing the respondent No. 3 to act as in-charge Principal, has not given any reasons as to why the petitioner has not been appointed as in-charge Principal. There is nothing to show that the petitioner was considered for appointment as in-charge Principal. He accordingly submits that the respondents should be directed to consider the case of the petitioner for being appointed as in-charge Principal of Baruajhar Higher Secondary School, till regular appointment is made, in terms of the letter dated 22.02.2022 issued by the Special Commissioner, Education Department. 9. Mr. N. J. Khataniar, learned Standing Counsel, Secondary Education Page No.# 5/6 Department admits that the letter dated 22.02.2022 issued by the Special Commissioner, Education Department, allows for the senior most Assistant Teacher to officiate as in-charge Principal, at the discretion of the State Government. He submits that as the petitioner does not have the 17 years qualifying service as graduate teacher as required under the 2018 Rules, the petitioner does not have any enforceable legal right to be appointed as in- charge Principal. Further, the post of Principal of a Higher Secondary School is to be filled up by direct recruitment and not by promotion. He however submits that the State respondents can take a decision with regard to the petitioner’s prayer for appointment as in-charge Principal, as per the relevant Rules and as per their discretion. 10. I have heard the learned counsels for the parties. 11. It is clear from the 2018 Rules that the petitioner does not have the requisite qualifying years of service as a graduate teacher to participate in a selection process for recruitment to the post of Principal. Further, the appointment to the post of Principal of a Higher Secondary School is only by way of direct recruitment and not through a process of promotion. Thus, there is no clear enforceable right of the petitioner to be appointed as in-charge Principal. 12. The above being said, the letter dated 22.02.2022 issued by the Special Commissioner, Education Department allows for the senior most Assistant Teacher of a school, having the requisite educational qualification, for being appointed as in-charge Principal of a Higher Secondary School till a regular incumbent is appointed, which in the view of this Court is discretionary and Page No.# 6/6 subject to the due approval of the State Government. The petitioner’s earlier WP(C) 5888/2022 had been disposed of with a direction to the respondent No.2 to consider the petitioner’s representation for appointment as in-charge Principal. However, as there is nothing to show whether the petitioner’s representation was considered, this Court is of the view that the State respondents should take a decision, as per their discretion, with regard to whether the petitioner should be or should not be appointed as in-charge Principal, being the senior-most Assistant Teacher of the school, in terms of the letter dated 22.02.2022 issued by the Special Commissioner, Education Department. The decision of the respondents should be made, within a period of one month, from the date of receipt of a certified copy of this order. 13. The writ petition is accordingly disposed of. JUDGE Comparing Assistant