Page No.# 1/5 GAHC010189322025 2025:GAU-AS:12367 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4894/2025 MD AZIZUL HOQUE CHOWDHURY S/O- LATE AMZAD ALI, VILL- LOCHANA BORI, P.S- MOIRABARI, DIST- MORIGAON, PIN-782126, ASSAM VERSUS THE STATE OF ASSAM AND OTHRS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR , ASSAM 2:COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DISPUR ASSAM 3:DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-19 4:INSPECTOR OF SCHOOL MORIGAON DISTRICT CIRCLE 5:PRINCIPAL BARTHAL DOLOIGAON HIGHER SECONDARY SCHOOL P.O- DOLOIGAON MORIGAON ASSA Advocate for the Petitioner : MR. U P CHALIHA, MS M ROY Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU. Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 08.09.2025 Heard Mr. U.P. Chaliha, learned counsel for the petitioner; Ms. K. Phukan, learned Government Advocate for the respondent No. 1; and Mr. U. Sarma, learned standing counsel for the Secondary Education Department, respondent Nos. 2, 3 & 4. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to count the seniority of the petitioner from 2010 – 2020, while preparing the seniority list of Barthal Doloigaon Higher Secondary School. 3. Mr. Chaliha, learned counsel for the petitioner submits that on 02.08.2010, the petitioner was appointed as Science Teacher in Barthal Doloigaon H.S. School, on contractual basis and he joined the said school on the same day and during his service period, he had completed B.Ed Degree from the College of Education, Morigaon in the year 2016, with the permission of the authority. Thereafter, the service of the petitioner was regularized vide O.M. dated 03.03.2016. Subsequently, the petitioner had obtained M.A. Degree in Education from Krishna Kanta Handique State Open University in the year 2018. Thereafter, in the year 2020, the petitioner appeared in the Teachers Eligibility Test, wherein he had qualified by scoring 116 out of 200 marks and thereafter, he applied for the post of Graduate Teacher (Science) as he fulfilled all the criteria, as given in the advertisement. Accordingly, his name appeared in the list of candidates under OBC/MOBC category for the post of Graduate Teacher (Science) for the Morigaon district at serial No. 3 of the final select list. Page No.# 3/5 Thereafter, vide order dated 25.05.2022, he was appointed as Graduate Teacher (Science) in Laharighat Higher Secondary School and he joined the said school on 26.05.2022. Thereafter, vide order dated 07.08.2023, in pursuance of DLC and as per provisions of Assam Elementary and Secondary School Teachers (Regulations of Posting and Transfer) Act, 2020, the petitioner was mutually transferred from Laharighat H.S. School to Barthal Doloigaon H.S. School, which was his earlier school. 3.1. Mr. Chaliha further submits that the post of Principal of Barthal Doloigaon H.S. School is going to be vacant within three months and it is the apprehension of the petitioner that his service in the said school, since 2010 – 2020, may not be counted for determining his seniority and therefore, the petitioner has approached this Court by filing the present petition by seeking the relief as stated above and this petition may be disposed of granting such relief. 4. On the other hand Mr. Sarma, learned standing counsel for the Secondary Education Department, however, submits that the post of Principal is yet be vacant and he has no objection in the event of disposing of this petition in terms of the notification issued by the Government, dated 21.08.2025, wherein it is provided that past service shall be counted for the purpose of granting transfer under the Teacher Transfer Act and Rules. 5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the notification dated 21.08.2025, issued by the Secretary to the Government of Assam in the School Education Department. 6. The basic facts of this case are not in dispute. The petitioner was appointed as Science Teacher in Barthal Doloigaon H.S. School and his service Page No.# 4/5 was regularized vide O.M. Dated 03.03.2016 and during his service period, he had acquired the B.Ed and M.A. Degree and in the year 2020, he also clear TET Examination and thereafter, he applied for the post of Graduate Teacher (Science) and accordingly, he was selected and appointed as Graduate Teacher (Science) in Laharighat H.S. School, vide order dated 25.05.2022. Thereafter, the petitioner was transferred from Laharighat H.S. School to Barthal Doloigaon H.S. School, vide order dated 07.08.2023, in pursuance of recommendation made by the DLC, in terms of the provisions of Assam Elementary and Secondary School Teachers (Regulations of Posting and Transfer) Act, 2020. 7. Further, a perusal of the notification dated 21.08.2025, provides that past service shall be counted for the purpose of granting transfer under the Teacher Transfer Act and Rules. It also provides that the teachers, regularized under the Special Recruitment Drive, shall become Headmaster and Principal of Secondary or Higher Secondary or Senior Secondary School, provided he/she possess requisite norms as prescribed under the Assam Secondary Education (Provincialized Schools) Service Rules of 2018, as amended and the Assam Secondary Education (Government Schools) Service Rules of 2020, as amended. 8. Under the given facts and circumstances and also taking note of the submissions so advanced by the learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the respondent authorities to count the past service of the petitioner since 2010 – 2020 while preparing the seniority list of teachers of Barthal Doloigaon H.S. School, especially in terms of Notification dated 21.08.2025. 9. In terms of above, this writ petition stands disposed of. The parties have to bear their own costs. Page No.# 5/5 10. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within a period of 1 (one) week from today. JUDGE Comparing Assistant