Page No.# 1/6 GAHC010176622025 2025:GAU-AS:10653 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4547/2025 TINKUL KR BORAH S/O SRI BHABEN CHANDRA BORAH, RESIDENT OF VILLAGE PURANIGUDAM, BORPANIGAON, DISTRICT - NAGAON, ASSAM, PIN - 782141. 2: SRI BABUL HUSSAIN S/O ABDUL MAZID RESIDENT OF VILLAGE GORALI PAM P.S.- KALGACHIA DISTRICT - BARPETA ASSAM PIN -781321 3: SRI BISWAJIT DEKA S/O SRI DHANESWAR DEKA RESIDENT OF BORUAHPARA MANGALDOI P.O.- MANGALDOI P.S.- MANGALDOI DISTRICT - DARRANG ASSAM PIN - 784125. 4: MS PRIYANKA HAZARIKA D/O PRABHAT CHANDRA HAZARIKA RESIDENT OF VILLAGE CHAMUA P.O. BORBALI P.S.- BIHPURIA DISTRICT - LAKHIMPUR ASSAM PIN 784163. 5: MD ZIYARUL ISLAM S/O SAPIAR RAHMAN Page No.# 2/6 RESIDENT OF VILLAGE BOROKAZIR GAON KHOPATI PT 1 P.O.- HAJIR HAT P.S.- SUCKCHAR DISTRICT - SOUTH SALMARA MANKACHAR ASSAM PIN 783128 6: ASADUL HOQUE S/O ABDUS SALAM RESIDENT OF VILLAGE KHUDRA POITARI P.O.- JOIBHUM P.S.- LAKHIPUR DISTRICT - GOALPARA ASSAM PIN 783129. 7: SRI DIBYA JYOTI KALITA SON OF HEM KALITA R/O NAMGAON BORBHAGIA ULUWARI NAGAON ASSAM 8: SYEDA AZMIN REHMAN D/O SYED AHAMMAD ALI RESIDENT OF VILLAGE MOUKHOWA P.O.- MANIKPUR P.S- MANIKPUR DISTRICT - BONGAIGAON ASSAM PIN 783392 9: HUSSAIN ALI S/O ALI AKBAR RESIDENT OF VILLAGE KALGACHIA P.O.- KALGACHIA P.S.- KALGACHIA DISTRICT - BARPETA ASSAM PIN 781319 10: SAMINA PARBIN D/O LATE ABDUS SUKUR MAHMUD RESIDENT OF VILLAGE CHAKIRBHITHA P.O.- KHABLANBHITHA P.S.- KAYAKUCHI Page No.# 3/6 DISTRICT - BARPETA ASSAM PIN 781352. 11: SEMINA AKHTARA D/O SADULLA ALI R/O SARIKOT KHARIKOT KAMALPUR KAMRUP ASSAM 12: SAIFUL ISLAM S/O MOBARAQUE ALI AHMED RESIDENT OF LARUAJAN P.O.- CHAMPUPARA P.S.- CHHAYGAON DISTRICT - KAMRUP ASSAM PIN - 781136 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI, KAMRUP METRO, ASSAM 2:THE DIRECTOR OF SECONDARY EDUCATION DIRECTORATE OF SECONDARY EDUCATION KAHILIPARA GUWAHATI - 781019 DISTRICT KAMRUP(M) ASSA Advocate for the Petitioner : MR. M SARMA, MR. M K CHOUDHURY Advocate for the Respondent : SC, SEC. EDU., BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 13.08.2025 Heard Mr. M. Sarma, learned counsel for the petitioners, who submits Page No.# 4/6 that the petitioners are aspirants for the post of Graduate Teacher in Mathematics in the Assamese medium provincialised and Government Secondary Schools. Learned counsel for the petitioners submits that as per the Assam Secondary Education (Provincialised Schools) Service Rules, 2018, as amended in the year 2024, Schedule-III provides that in order to be qualified to be a Graduate Teacher in Mathematics, one shall have Graduation Degree in Science with honours or major in Mathematics and having Physics, Chemistry or Biology as pass course or minor subjects in Graduate level courses. If not, one should have Post Graduate Degree in Mathematics from a recognized university with honours or major in Mathematics having Physics, Chemistry or Biology as pass course or minor subjects with at least 50% marks in either Graduation or Post Graduation. In order to clarify any confusion into the matter, a Speaking Order dated 04.07.2025 was also issued by the Secretary to the Government of Assam, Department of School Education. 2. Learned counsel for the petitioners submits that despite the same, the petitioners have come to learn that there are applicants who do not have the requisite qualification as stipulated in the Rules, but who have found place in the list of eligible candidates for document verification. Learned counsel submits that such candidates who have found their names in the second select list for document verification though having Post Graduate Degree in Mathematics, but they do not have Graduation Degree in Mathematics with the combination of Physics, Chemistry or Biology as pass course or minor subjects and because of which, the cut off marks have gone up from 57 marks in respect of Graduate Teacher, Mathematics in Assamese medium, unreserved category in the first list to Page No.# 5/6 50 marks in the second list. Such being the position, the petitioners will lose their chance of being considered despite possessing the requisite qualification in view of the high cut off marks created by the inclusion of ineligible candidates. 3. On a pointed query being made by this Court as to who are such candidates not having the Degree in Mathematics and with supporting materials to that effect, the learned counsel for the petitioners fairly admits that he does not have the details as such, but knowledge has been gathered to that effect that there are many persons not having Degree in Mathematics. 4. Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. S.M.T Chisti, learned Standing Counsel, Secondary Education Department submits that the entire selection process is only at the verification stage and that whether the candidates called for document verification possess the requisite qualification or not, will be looked into at the time of such document verification. He therefore, submits that the writ petition is only premature. 5. Upon considering the submissions made and upon perusal of the materials available on record, this Court finds that the writ petition has been initiated on the basis of apprehension of the petitioners that those who are not qualified would be considered for appointment to the posts in question. Without there being any such materials to substantiate such apprehension, this Court is not inclined to entertain this writ petition and the writ petition is therefore dismissed in limine. 6. It is however made clear that the selection process will have to Page No.# 6/6 strictly abide by the relevant provisions of the Assam Secondary Education (Provincialised Schools) Rules, 2018, as amended in the year 2024, the terms of the advertisement and also the Speaking Order issued on 04.07.2025. JUDGE Comparing Assistant