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2025 DAILYLAW 16323 (GAU)

RANJAN ROY AND 6 ORS. v. THE STATE OF ASSAM AND 9 ORS

WP(C)/4002/2024 · 2025-03-18

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010159132024 2025:GAU- AS:2921 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4002/2024 RANJAN ROY AND 6 ORS. SENIOR MOST TEACHER AND IN-CHARGE HEADMASTER, LAKHIBAZAR HIGH SCHOOL, KARIMGANJ, PIN- 788709. 2: ABDUL WADUD SENIOR MOST TEACHER AND IN-CHARGE HEADMASTER JURBARI HAZI KASIM ALI HIGH SCHOOL KARIMGANJ PIN- 788724. 3: PRADIP CHAKRABORTY SENIOR MOST TEACHER AND IN-CHARGE HEADMASTER PRATAPGARH PUBLIC HIGH SCHOOL KARIMGANJ PIN- 788724. 4: ASHOK JYOTI SENIOR MOST TEACHER AND IN-CHARGE HEADMASTER LAMAJUAR HIGH SCHOOL KARIMGANJ PIN- 788802. 5: SANDIPAN BHATTACHARJEE SENIOR MOST TEACHER AND IN-CHARGE HEADMASTER PATHU MAHISHASAN HIGH SCHOOL KARIMGANJ PIN- 788781. 6: RATNAJIT DAS SENIOR MOST TEACHER AND IN-CHARGE HEADMASTER SWAMI VIVEKANANDA HIGH SCHOOL KARIMGANJ PIN- 788156 Page No.# 2/4 7: HUSSAM UDDIN SENIOR MOST TEACHER AND IN-CHARGE HEADMASTER KHAGAIL HIGH SCHOOL KARIMGANJ PIN- 788720 VERSUS THE STATE OF ASSAM AND 9 ORS TO BE REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006. 2:DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:INSPECTOR OF SCHOOLS KDC KARIMGANJ PIN- 788710 Advocate for the Petitioner : MR. N H MAZARBHUIYAN, MS. L WAJEEDA,MR. M H SAIKIA,MR R I BHUYAN Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 19.03.2025 Heard Ms. L. Waheda, learned counsel for the petitioners, who submits that the petitioners were Head Teachers in Lakhibazar ME School, Yusub Ali ME School, Pratapgarh ME School, Lamajuar ME Madrassa, Baropara Girls M.E. School, Vivekananda ME School and Khagail ME School in Karimganj district, prior to amalgamation of their High Schools with Page No.# 3/4 various High Schools. 2. The petitioners, being Graduate Science Teachers, pray that they should be allowed to participate in the selection process and be considered for appointment to the vacant posts of Headmasters, in terms of the Assam Secondary Education (Provincialized Schools) Service (Amendment) Rules, 2025. 3. Ms. P. Das, learned counsel for the Secondary Education Department submits that in view of the amendment of the Assam Secondary Education (Provincialized Schools) Service Rules, 2018 (in short, “the 2018 Rules) by the Assam Secondary Education (Provincialized Schools) Service (Amendment) Rules, 2025 (in short, “the 2025 Rules), wherein Rule 14(2) (b) allows the post of Science Graduate Teacher to be a feeder post for the post of Headmaster, provided he has teaching experience as a Graduate Teacher for a continuous period of at least 15 years, including the period of service in the erstwhile ME School, the petitioners can be considered for appointment, in terms of the selection process to be conducted by the State Government. She further submits that this matter is a covered case, in terms of the order dated 28.02.2025 passed in WP(C) 3820/2024 and WP(C) 4022/2024. 4. I have heard the learned counsels for both sides. 5. It is seen that the 2018 Rules had been amended by 2025 Rules, wherein a Science Graduate Teacher is now eligible for selection to the post of Headmaster, provided he has the eligibility criteria provided in the 2025 Rules. As such, the State respondents shall also consider the cases of the Page No.# 4/4 petitioners, for appointment to the post of Headmaster, in terms of the 2025 Rules, if they are eligible for the same and allow them to participate in the selection process to be conducted. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant