Page No.# 1/4 GAHC010100122022 2025:GAU-AS:4304 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3456/2022 SULEMAN ALI S/O- LATE ABDUR RAHMAN, R/O- VILL.- PUB-CHUBA, P.O. KHARUPETIA, P.S. DHULA, DIST. DARRANG, ASSAM, PIN- 784115. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI, ASSAM, PIN- 781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE INSPECTOR OF SCHOOLS DARRANG DISTRICT CIRCLE MANGALDOI P.O. AND P.S. MANGALDOI DIST. DARRANG ASSAM PIN- 784125. 4:THE PRINCIPAL KHARUPETIA HIGHER SECONDARY SCHOOL KHARUPETIA P.O. AND P.S. KHARUPETIA DIST. DARRANG ASSAM PIN- 784115. 5:THE HEADMASTER Page No.# 2/4 BORIGAON HIGH SCHOOL P.O. BORIGAON DIST. UDALGURI ASSAM PIN- 784510. 6:KISHORE KUMAR SARMA BARUA SANSKRIT TEACHER KHARUPETIA HS SCHOOL P.O. AND P.S. KHARUPETIA DIST. DARRANG ASSAM PIN- 784115 Advocate for the Petitioner : MR. P D NAIR, MR. M K HUSSAIN,MR. H ROHMAN,MR K U AHMED,MR. A AHMED,M ALOM Advocate for the Respondent : SC, SEC. EDU., MR T GOGOI (R-6),MR. P P DUTTA (R-6),MR. A BORUA (R-6),MR. T J MAHANTA (R-6) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 08-04-2025 Heard Mr. P.D. Nair, learned counsel for the petitioner. Also heard Mr. U Sharma, learned counsel for the Secondary Education Department as well as Mr. TJ Mahanta, learned senior counsel appearing for the respondent No. 6. 2. The petitioner is aggrieved by the respondent No. 6 being made senior to the petitioner in the seniority list dated 10.01.2022. 3. The petitioner’s counsel submits that in terms of the regularization orders, the service of the respondent No. 6 was regularized on 31.12.1994, while the petitioner’s service was regularized on 06.05.1996. On the other hand, the date of initial joining to the post of Assistant Teacher was 20.01.1994 in respect of the respondent No. 6, while the petitioner joined his post on 05.10.1993 as a Page No.# 3/4 Post Graduate Teacher. 4. The petitioner’s counsel submits that the matter can be disposed of, if a direction is issued to the Secretary to the Government of Assam, Education Department to take a decision, as to the basis for making the seniority position of the persons in the said seniority list. He submits that if the seniority was made on the basis of the regularisation orders, the respondent No. 6 would be senior to the petitioner. However, if the basis for seniority was on the initial joining to the post of Assistant Teacher, the petitioner would have to be made senior to the respondent No. 6. 5. Mr. T.J. Mahanta, learned senior counsel for the respondent No. 6 submits that he has no objection to the prayer of the petitioner’s counsel for referring the matter to the Secretary to the Government of Assam, Education Department, to take a decision, after considering the records and giving an opportunity of being heard to the parties. 6. Mr. U Sharma, learned counsel for the Secondary Education Department also submits that he has got no objection to the prayer made by the petitioner’s counsel. 7. In view of the consent of the parties, the Secretary to the Government of Assam, Education Department is directed to take a decision, as to the basis for making the seniority list of the incumbents therein. He should also take a decision as to what should be the basis for making the seniority list between the parties, which includes the petitioner and the respondent No. 6. Thereafter, the seniority position of the respondent No. 6 and the petitioner should be reflected Page No.# 4/4 in the gradation list to be so made. The exercise should be conducted by the Secretary to the Government of Assam, Education Department, after consulting the records and giving an opportunity of hearing to the petitioner and the respondent No. 6. The entire process should be concluded within a period of 3 (three) months from the date of receipt of a certified copy of this order. 8. The writ petition is disposed of accordingly. JUDGE Comparing Assistant