Page No.# 1/5 GAHC010179762025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4881/2025 DRONA BORAH AND 11 ORS S/O LATE RABIRAM BORAH, R/O VILL- DAW GAON, P.O.- DUBIA, DIST- BISWANATH, ASSAM, PIN-784178 2: PULIN SAIKIA S/O MINESWAR SAIKIA R/O VILL- CHEWAGURI P.O.- BARPATHAR DIST- GOLAGHAT ASSAM PIN-785602 3: ABDUL HAKIM TARAPDAR S/O LATE TORAP ALI TARAPDAR R/O VILL- SHIMULTAPU NO.1 P.O.- SHIMULTAPU DIST- KOKRAJHAR BTR ASSAM PIN-783361 4: PRADIP KUMAR SAIKIA S/O LATE DIMBESWAR SAIKIA R/O VILL- SAKRANI P.O.- DIKRANG DIST- LAKHIMPUR ASSAM PIN-784164 5: KRISHNA KANTA SAHU S/O LATE SITARAM SAHU R/O VILL- NAKARI WARD NO. 1 P.O.- NORTH LAKHIMPUR Page No.# 2/5 DIST- LAKHIMPUR ASSAM PIN-787001 6: MANOJ KUMAR NATH S/O LATE GOLOK NATH R/O VILL- NAGAON MAJULI P.O.- NIKINIKHOWA DIST- MAJULI ASSAM PIN-785104 7: SAHIDUL HAQUE SARKAR S/O LATE ABDUL HAMID SARKAR R/O VILL- JHAPUSABARI (PART-1) P.O.- JHAPUSABARI DIST- DHUBRI ASSAM PIN-783335 8: SARAT CHANDRA NATH S/O LATE NARESWAR NATH R/O VILL- BARBHAGIA P.O.- CHARAIBAHI DIST- MORIGAON ASSAM PIN-782106 9: DIPANKA BARUAH S/O SRI PHULESWAR BARUAH R/O PUASAIKIA P.O.- NARUATHAN DIST- DHEMAJI ASSAM PIN-787058 10: DHARMAKANTA PHUKAN LATE SUSEN PHUKAN R/O VILL- DHENDHARA P.O.- GOHPUR DIST- BISWANATH ASSAM PIN-784168 11: ZAKIR HUSSAIN SIKDAR S/O LATE MUNSHI SANNAT ALI R/O VILL AND P.O.- JARABARI Page No.# 3/5 DIST- BARPETA ASSAM PIN-781316 12: MUNIN TALUKDAR S/O KANAK CHANDRA TALUKDAR R/O VILL- KUROBAHA P.O.- TUPLAI PANBARI DIST- BAJALI ASSAM PIN-78132 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6 2:THE STATE SELECTION BOARD THROUGH THE CHAIRMAN I.E. THE SECRETARY TO THE GOVT. OF ASSAM SCHOOL EDUCATION DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-1 Advocate for the Petitioner : MR. I H SAIKIA, A. ADO,MS L HMAR,MR K KASHYAB,MR. B BORAH,MR. K KALITA Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 27.08.2025 (M. Zothankhuma, J) Heard Mr. I.H. Saikia, learned counsel for the petitioners. Also heard Mr. N.J. Page No.# 4/5 Khataniar, learned counsel for the Secondary Education Department. The petitioners are aggrieved by Rule 12(3)(ii), Rule 12(3)(v) and the proviso to Rule 12(3)(v) of the Assam Secondary Education (Provincialised Schools) Rules, 2018 (hereinafter referred to as the 2018 Rules), whereby their past services prior to provincialisation of their services are not to be considered for the purpose of selection to the post of Principal in Higher Secondary Schools. Further, as some of the petitioners have crossed the age of 57 years, they would be rendered ineligible for the purpose of selection to the post of Principals. During the submissions made by the counsels for the parties, the counsel for the petitioners has limited his prayer/case, to the extent that the State respondents may consider counting the past service of the petitioners prior to provincialisation of their services, to allow them to participate in the selection process for the post of Principal in Higher Secondary Schools, by exercising the relaxation Clause provided in Rule 33 of the 2018 Rules. Mr. N.J. Khataniar, learned counsel for the Secondary Education Department submits that he has got no objection if the prayer of the petitioners’ counsel is allowed. However, the application of the relaxation clause should be left entirely to the discretion of the State respondents, in terms of Rule 33 of the 2018 Rules. On considering the submissions made by the counsels for the parties and keeping in view Rule 33 of the 2018 Rules, we direct the respondent no.1 to take a decision, as to whether Rule 33 of the 2018 Rules can be made applicable to the case of the petitioners, for the purpose of enabling them to participate in the selection process for selection to the post of Principals in Higher Secondary Schools. The same should be done within a period of 1 (one) Page No.# 5/5 month from the date of receipt of a certified copy of this order. The writ petition is accordingly disposed of. JUDGE JUDGE Comparing Assistant