Page No.# 1/7 GAHC010168962019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5182/2019 PANKAJ LAL ROY AND 6 ORS. S/O- LT PROMODE CH. ROY, R/O- VILL- LAKSHMINAGAR, DIST- KARIMGANJ, ASSAM, PIN- 788166 2: SITENDRA CHANDRA ROY S/O- LT SUDHANYA CH. ROY R/O- BALICHERRA P.O. R.K.NAGAR DIST- KARIMGANJ ASSAM PIN- 788166 3: JIBETOSH NATH S/O- JITENDRA KR. NATH R/O- VILL- NAIRGRAM P.O. NAIRGRAM DIST- KARIMGANJ ASSAM PIN- 788713 4: NIRMAL MUKHERJEE S/O- LT RADHIKA BALLAV MUKHERJEE VILL- PANCHDALI P.O. PANCHDALI DIST- KARIMGANJ ASSAM PIN- 788734 5: SUSHANTA CHAKRABORTY S/O- LT SAMARENDRA CHAKRABORTY R/O- THANA ROAD KARIMGANJ TOWN P.O. AND DIST- KARIMGANJ PIN- 788710 Page No.# 2/7 6: GITIMALA BHATTACHARJEE D/O- LT SHYAMAPADA KUMUDSMRITI R/O- LANGAI ROAD KARIMGANJ TOWN P.O. SETTLEMENT ROAD DIST- KARIMGANJ PIN- 788712 7: JAHIR AHMED CHOUDHURY S/O- LT ABDUL RAZAQUE CHOUDHURY R/O- BONOMALI ROAD WARD NO 13 KARIMGANJ TOWN P.O. AND DIST- KARIMGANJ ASSAM PIN- 78871 VERSUS THE STATE OF ASSAM AND 3 ORS. TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT., DISPUR, GHY-6 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE INSPECTOR OF SCHOOLS KARIMGANJ DISTRICT COUNCIL KARIMGANJ P.O. AND DIST- KARIMGANJ ASSAM PIN- 788710 4:NATIONAL COUNCIL FOR TEACHERS EDUCATION (NCET) HANS BHAWAN WING II 1 BAHADUR SHAH ZAFAR MARG NEW DELHI- 110002 (REP. BY ITS CHAIRPERSON Advocate for the Petitioner : MR. M K CHOUDHURY, MR. N HAQUE,DR. B AHMED,MR K UDDIN,MR. S R BARBHUIYA Advocate for the Respondent : SC, SEC. EDU., SC, N C T E Page No.# 3/7 Linked Case : WP(C)/5121/2019 DULAL CH. KALITA AND 8 ORS. S/O- SRI LOKNATH KALITA VILL- DAGIAPARA P.O. HATIMARA P.S. SIPAJHAR PIN- 784144 DIST- DARRANG ASSAM 2: MD. IKBAL HUSSIAN S/O- ABDUL HAKIM VILL- BAHABARI P.O. KHARUPETIA P.S. KHARUPETIA PIN- 784115 DIST- DARRANG ASSAM 3: MAHIDUL HAQUE CHOUDHURY S/O- MD. HAMID ALI VILL AND P.O. RANGMAHAL DIST- KAMRUP (R) ASSAM PIN- 781030 4: SANTANU TALUKDAR S/O- SRI KUMUD CH. TALUKDAR VILL- PATIDOI VERELA (GARUBANDHA) P.S. MISSAMARI PIN- 784506 DIST- SONITPUR ASSAM 5: SAMIN CH. KALITA S/O- LT SATISH CH. KALITA VILL- PURAN BURKA SATRA PIN- 781382 P.O. KSHUDRA DIMU DIST- KAMRUP (R) ASSAM 6: PRABHASH KR. SARMA Page No.# 4/7 S/O- LT RAMESH CH. SARMA VILL- GOALPARA P.O. BALOWA P.S. BELSOR PIN- 781310 DIST- NALBARI ASSAM 7: RABIN KUMAR SARMA S/O- LT GOLOK CH. SARMA VILL- NO. 1 BAMUNPARA P.O. MANGALDAI PIN- 784125 DIST- DARRANG (ASSAM) 8: MANOJ KR. CHAKRABARTY C/O- RAJENDRA NATH CHAKRABARTY VILL AND P.O. GAMARIMURI P.S. BELSOR PIN- 781306 DIST- NALBARI ASSAM 9: HARA KANTA KALITA S/O- LT SANTI RAM KALITA VILL- KATAHI P.O. SANTIPUKHURI P.S. SIPAJHAR PIN- 784144 DIST- DARRANG ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPTT. DISPUR GHY-6 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY-19 3:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE DADARA GHY-4 Page No.# 5/7 DIST- KAMRUP (R) ASSAM 4:THE INSPECTOR OF SCHOOLS DARRANG DISTRICT CIRCLE MANGALDOI DIST- DARRANG ASSAM PIN- 784125 5:THE INSPECTOR OF SCHOOLS SONITPUR DISTRICT CIRCLE TEZPUR DIST- SONITPUR ASSAM PIN- 784001 6:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI DIST- NALBARI ASSAM PIN- 781335 ------------ Advocate for : MR. M K CHOUDHURY Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 5 ORS. BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 17.02.2025 Heard Mr. M. Sarma, learned counsel for the petitioners. Also heard Mr. N.J. Khataniar, learned standing counsel, Secondary Education Department, appearing for the respondent Nos.1—3 and Mr. I. Alam, learned standing counsel, NCTE, appearing for the respondent No.4. 2. By this common order, it is proposed to dispose of these two writ petitions, being WP(C) Nos.5182/2019 and 5121/2019, as common issue is involved in both the petitions. Page No.# 6/7 3. The petitioners in both these writ petitions have prayed for quashing and setting aside the impugned W.T. Message dated 26.06.2019 (Annexure-11 at page-35 of the petition) and also the impugned Circular dated 27.06.2019 (Annexure-12 at page-36-37) issued by the Director of Secondary Education and also to issue direction to the respondent authorities to hold the interview for the post of Vice Principal in different Higher Secondary Schools/Higher Secondary and Multipurpose Schools on the basis of the statement of teachers who have already applied, within the stipulated dates initiated in terms of the communication dated 05.09.2017 (Annexure-1 at page-21-24) within a time frame and also restraining the respondent authorities from redoing the exercise of preparing a fresh list of possible candidates for the post of Vice Principal in different Higher Secondary Schools/Higher Secondary Multipurpose Schools in the State of Assam in terms of the circular dated 27.06.2019. 4. Mr. Sarma, learned counsel for the petitioners submits that the issues raised in these writ petitions have already been dealt with by a Division Bench of this Court in WP(C) No.8682/2019 and in terms of the direction issued in the WP(C) No.8682/2019, these two writ petitions may also be disposed of granting similar reliefs to the petitioners like the petitioners in the WP(C) No.8682/2019. 5. Mr. Khataniar, learned standing counsel for the Secondary Education Department submits that the issues raised in these two writ petitions are already settled in the WP(C) No.8682/2019 and as such, both these writ petitions may be disposed of by granting similar reliefs in the WP(C) No.8682/2019. 6. Having heard the submission of learned Advocates of both the parties, I have carefully gone through these petitions and the documents placed on record and also perused the judgment of the Division Bench of this Court in WP(C) No.8682/2019. 7. It appears that in the aforementioned judgment, a Division Bench of this Court has held in paragraph 64 as under:- “64. In view of the above, we hereby direct the State Respondents Page No.# 7/7 to review the provisions of Rule 13 of the Assam Secondary Education (Provincialized Schools) Service Rules, 2018, in terms of the discussions and conclusions drawn, hereinabove, for inclusion of the qualification of B.Ed. Degree as one of the mandatory qualifications for recruitment to the post of Vice-Principal in the provincialized Higher Secondary School of the State. The said review be carried-out and concluded within a period of 2(two) months from the date of receipt of a certified copy of this order.” 8. In view of the decision of the Division Bench, this Court is inclined to dispose of the present two writ petitions by granting similar reliefs to the present petitioners as granted to the petitioners in the WP(C) No.8682/2019, in paragraph No.64. 9. In terms of above, both these writ petitions stand disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE