Page No.# 1/3 GAHC010116382025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3020/2025 SANJIB BORO @ SONJIB BORO @ SONJIB BARO S/O LATE BAPU RAM BORO, R/O VILL. HASTINAPUR, P.O DONGARGAON, P.S TAMULPUR, DISTRICT BAKSA (BTAD), ASSAM, PIN 781368 VERSUS THE STATE OF ASSAM AND 6 ORS. THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI - 781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI -781019. 3:BODOLAND TERRITORIAL COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY P.O AND DISTRICT- KOKRAJHAR BTAD ASSAM PIN- 783370 4:THE DIRECTOR OF EDUCATION BTC KOKRAJHAR P.O. AND DIST- KOKRAJHAR BTAD ASSAM PIN-783370 5:THE INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE Page No.# 2/3 MUSALPUR DISTRICT- BAKSA BTAD ASSAM PIN- 781372 6:SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE SMDC REPRESENTED BY ITS PRESIDENT GOPINATH BORDOLOI HIGHER SECONDARY SCHOOL VILLAGE MAHENDRA NAGAR P.O DANGARGAON DISTRICT BAKSA BTAD PIN- 781368 7:THE IN-CHARGE PRINCIPAL GOPINATH BORDOLOI HIGHER SECONDARY SCHOOL VILLAGE- MAHENDRA NAGAR P.O- DANGARGAON DISTRICT- BAKSA BTAD PIN- 78136 Advocate for the Petitioner : MR N N UPADHYAYA, MR. B B KAKATI,MR R DHAR Advocate for the Respondent : SC, SEC. EDU., SC, BTC BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 04-06-2025 Heard Shri R. Dhar, learned counsel for the petitioner, who submits that after the death of his father, who was a Gr-IV employee in the Gopinath Bardoloi HS School, Mahendranagar in the district of Baksa, the petitioner has been inducted as a Gr-IV employee on honorary basis. It is the contention of the petitioner that there are 3 numbers of sanctioned posts in the School and two vacancies are there. The petitioner has accordingly Page No.# 3/3 prayed for a direction for regularization of his service. On the other hand, Shri U. Sarma, the learned Standing Counsel for the Department has submitted that the services presently discharged by the petitioner apart from being honorary in nature, such induction was done by the Managing Committee which is not authorized in law. He accordingly submits that there is no merit in the writ petition. The law is well settled that the Managing Committee of a provincialised school is not vested with any power to make appointments. Though the petitioner might have been discharging his duties on honorary basis, the same will not vest in him any right to seek regularization. In any case, the issue regarding regularization has been well settled by a catena of decisions including the case of State of Karnataka Vs Uma Devi (3) reported in (2006) 4 SCC 1. Therefore, this Court is of the opinion that there is no merit in the writ petition and accordingly the same is dismissed. At this stage, Shri Dhar, the learned counsel submits that a direction be issued for advertising the post. This Court is of the opinion that filling up of the vacancies would be the prerogative of the authorities. However, if the posts are intended to be filled up by an advertisement in which the petitioner participates, his case would be duly considered at par with other candidates. JUDGE Comparing Assistant