Page No.# 1/3 GAHC010192372024 2025:GAU-AS:2901 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4973/2024 MANISH BHATTACHARJEE S/O- LATE BUNENDRA CHANDRA BHATTACHARJEE, SCIENCE TEACHER, RAGHYNATH CHOUDHURY HIGH SCHOOL, BIRKUCHI, NARENGI, GUWAHATI-26 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SCHOOL EDUCATION , DISPUR, GHY-6. 2:THE DIRECTOR OF SCHOOL EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE (METRO) PANBAZAR GUWAHATI- 01 4:SURJYA PRASAD SHARMA HEADMASTER RAGHUNATH CHOUDHURY HIGH SCHOOL BIRKUCHI NARENGI GUWAHATI-2 Advocate for the Petitioner : MR. N H MAZARBHUIYAN, MR R I BHUYAN,MS. L WAJEEDA,MR. M H SAIKIA Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 19.03.2025 Heard Ms. L. Waheda, learned counsel for the petitioner, who submits that the petitioner is a Science Graduate Teacher in Bethubari MV School in Karimganj district and he was transferred to Bunda ME School in Kamrup district, which was amalgamated with Raghunath Choudhury High School in the year 2022. 2. The petitioner is serving as the senior most Graduate Teacher. The grievance of the petitioner is that though the respondent No. 4 is junior to the petitioner, the respondent No. 4 has been made the in-charge Headmaster of the school. 3. The petitioner’s prayer herein is that he should be allowed to participate in the selection process for appointment to the post of Headmaster. 4. Ms. P. Das, learned counsel for the Secondary Education Department submits that in view of the amendment of the Assam Secondary Education (Provincialized Schools) Service Rules, 2018 (in short, “the 2018 Rules”) by the Assam Secondary Education (Provincialized Schools) Service (Amendment) Rules, 2025 (in short, “the 2025 Rules”), wherein Rule 14(2)(b) allows the post of Science Graduate Teacher to be a feeder post for the post of Headmaster, provided he has teaching experience as a Graduate Teacher for a continuous period of at least 15 years, including the period of service in the erstwhile ME Page No.# 3/3 School, the petitioner can be considered for appointment, in terms of the selection process to be conducted by the State Government. She further submits that this matter is a covered case, in terms of the order dated 28.02.2025 passed in WP(C) 3820/2024 and WP(C) 4022/2024. 5. I have heard the learned counsels for both sides. 6. It is seen that the 2018 Rules had been amended by 2025 Rules, wherein a Science Graduate Teacher is now eligible for selection to the post of Headmaster, provided he has the eligibility criteria provided in the 2025 Rules. As such, the State respondents shall also consider the case of the petitioner, for appointment to the vacant posts of Headmaster, in terms of the 2025 Rules, if he is eligible for the same and allow him to participate in the selection process to be conducted. 7. The writ petition is accordingly disposed of. JUDGE Comparing Assistant