Page No.# 1/5 GAHC010122022024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3215/2024 MOINUL HOUQE S/O- LATE SAID ALI (SOID ALI), VILL- NORTOM PANIGAON, P/O- ITACHAPA, P.S.- NAGAON SADAR, DIST.- NAGAON, ASSAM, PIN- 782003. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT (SECONDARY), DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE NAGAON ASSAM. 4:THE SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE MORIKOLONG HIGH SCHOOL REPRESENTED BY THE IN-CHARGE HEADMASTER OF THE SAID SCHOOL P.O. AND DIST.- NAGAON ASSAM Page No.# 2/5 PIN- 782001. 5:THE IN-CHARGE HEADMASTER OF MORIKOLONG HIGH SCHOOL P.O. AND DIST.- NAGAON ASSAM PIN- 782001. 6:DIPAK SAIKIA IN-CHARGE HEAD MASTER OF MORIKOLONG HIGH SCHOOL P.O. AND DIST.-NAGAON ASSAM PIN-78200 Advocate for the Petitioner : MR. M U MAHMUD, L PARBIN,MS. B CHETIA,MS. D BORA,MRS. M SAIKIA,MR S ISLAM,MR S H MAHMUD Advocate for the Respondent : SC, SEC. EDU., MR. G C BORAH (R-5,6) BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 21.01.2025 1. Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned counsel for the Secondary Education Department and Mr. G.C. Bora, learned counsel for the respondent nos.5 & 6, who is the same. 2. The petitioner’s case is that in view of the retirement of the Headmaster of the Morikalong High School, the petitioner, who is the Assistant Headmaster of the said school should be made the In-charge Headmaster of the said school, till a regular Headmaster is appointed to the school. 3. The facts of the case in brief is that the petitioner was the Headmaster of Page No.# 3/5 Nibukali M.E. School, which was amalgamated with the Morikalong High School, vide order dated 24.02.2017. In terms of the letter dated 24.02.2017 issued by the Commissioner & Secretary to the Government of Assam, Secondary Education Department, the petitioner was made Assistant Headmaster of the newly amalgamated Morikalong High School. The Headmaster of the Morikalong High School was made the Headmaster of the newly amalgamated Morikalong High School. With the retirement of the Headmaster of the Morikalong High School, the petitioner’s prayer is that he should be made the In-charge Headmaster of the said school, till a new regular incumbent is appointed to the post of Headmaster of the High School. 4. Mr. M.U. Mahmud, learned counsel for the petitioner submits that even though the petitioner has been receiving the Graduate Scale of Pay later than the Graduate Scale of Pay being received by the respondent no.6, the petitioner is senior to the respondent no.6, in terms of service in both the schools, i.e. prior to and after the amalgamation. Mr. M.U. Mahmud also submits that the matter may be remanded back to the Director of Secondary School, to take a decision as to whether the petitioner or the respondent no.6 should hold the post of In-charge Headmaster, inasmuch as, neither of the parties have the eligible educational qualification for being appointed to the regular post of Headmaster 5. The counsels for the respondents, on the other hand submit that in terms of Rule 14 of the Assam Secondary Education (Provincialised Schools) Rules, 2018 (hereinafter referred to as the “2018 Rules”), the post of Headmaster of a High School is to be filled up by promotion from amongst the Graduate Teachers Page No.# 4/5 as per District-wise seniority, on the recommendation of the District Selection Committee constituted under Rule 16(2) of the 2018 Rules. The selection of the Headmaster is to be based upon seniority and satisfactory Annual Confidential Report for the last 3 consecutive years as per Rule 14(3) of the 2018 Rules. The proviso to Rule 14 also provides that the seniority of a Graduate Teacher shall be determined from the date of receiving a Graduate Scale of pay by the respective Assistant Teacher. 6. The counsels for the respondents submit that the educational qualification required for promotion to the post of Headmaster of a High School is that the Graduate Teachers should have B.A./B.Sc/B.Com with B.T./B.Ed Degree from any recognized University and in case of an amalgamated High School, where an ME/MV School has been amalgamated, the Assistant Headmaster is eligible for selection as Headmaster, subject to the condition that the incumbent should have 15 years of teaching experience as a Graduate Teacher, including the period of service in the erstwhile ME/MV School. 7. The respondents’ case is that the petitioner does not have the B.T/B.Ed Degree 00and that he has been receiving the Graduate Scale of Pay only w.e.f the year 01.12.2015. They also submit that the respondent no.6, though not having a B.T/B.Ed Degree, he has been receiving the Graduate Scale of Pay w.e.f. 09.02.1996. As such, the respondent no.6 is senior to the petitioner in terms of the proviso to Rule 14(1) of the 2018 Rules. They accordingly submit that there is no infirmity with the decision of the respondents in appointing the respondent no.6 as In-charge Headmaster of Morikalong High School, Nagaon on a temporary arrangement and until a new Headmaster is appointed as per Page No.# 5/5 Rules. 8. The counsels for the respondents submit that as the matter pertains to the appointment of an In-charge Headmaster, wherein neither of the parties have the required educational qualification for appointment to the post of a regular Headmaster, the matter may be remanded back to the Director of Secondary Education, to take a decision as to whether the petitioner or the respondent no.6 should be appointed as the In-charge Headmaster of the Morikalong High School. 9. In view of the consent of the parties, the writ petition is disposed of, with a direction to the Director of Secondary Education to take a decision as to whether the petitioner or the respondent no.6 should hold the post of In-charge Headmaster of the Morikalong High School, till a regular Headmaster is appointed. The said decision should be taken within a period of 3 (three) weeks, from the date of receipt of a certified copy of this order. JUDGE Comparing Assistant