Page No.# 1/3 GAHC010171742025 2025:GAU-AS:10650 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4538/2025 PRANAB GOSWAMI S/O LT NARAYAN GOSWAMI R/O J.T.S. BELTOLA, P.O.- BALADMARI, DISTRICT- GOALPARA, ASSAM. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT (DTM), DISPUR, GUWAHATI - 6. 2:THE SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPARTMENT (DTM) DISPUR GUWAHATI- 06. 3:THE DIRECTOR TECHNICAL EDUCATION ASSAM KAHILIPARA GUWAHATI- 19. 4:THE PRINCIPAL ASSAM ENGINEERING COLLEGE GUWAHATI-13. 5:THE PRINCIPAL GOALPARA POLYTECHNIC GOALPAR Advocate for the Petitioner : MR H DAS, D BARUAH Page No.# 2/3 Advocate for the Respondent : SC, HIGHER EDU, BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 13.08.2025 Heard Mr. H. Das, learned counsel for the petitioner, who submits that the petitioner was appointed in a Grade-IV post on compassionate basis on 29.09.1997, since Grade-III post was not available at the relevant time. Subsequently, when he came to know that there was a Grade-III post available, he represented before the respondent authorities for considering him but however, as he was not considered, he filed WP(C)/6119/2007 before this Court. The writ petition was disposed of vide order dated 07.03.2011, with an observation that the respondent authorities may deal with the matter appropriately in accordance with law. Despite the same, since the petitioner has not been considered for promotion to Grade-III post, he is again before this Court. [2.] Rule 6 (6) (b) of the Assam Ministerial District Establishment Service Rules, 1967, provides that the post of Junior Assistant can be filled up by selection on the basis of seniority-cum-merit from amongst Grade-IV staffs of the district establishment concerned who have passed degree examination in any discipline from a recognized university for any examination declared to be equivalent and should have rendered 7 (seven) years of continuous service in the district establishment on the 1st day of the year in which selection is made. The proportion of vacancies is to be filled in the ratio of 90:10 i.e., direct Page No.# 3/3 recruitment and promotion. The requirement of having degree examination passed certificate has been introduced vide Notification dated 15.10.2015. [3.] Mr. H. Das, learned counsel for the petitioner fairly admits that the petitioner is not a degree holder and has passed 10+2. It therefore appears that as per the said provision, the petitioner is not eligible to be considered for promotion for want of requisite qualification. [4.] Considering the above, it appears that there is no merit in the writ petition. Accordingly, the writ petition stands dismissed. [5.] Mr. S. Bhuyan, learned Standing Counsel appears for the Higher Education Department. JUDGE Comparing Assistant