Page No.# 1/4 GAHC010198492024 2025:GAU-AS:2304 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4944/2024 HIMANGSHU DAS AND 3 ORS S/O- PABITRA DAS, R/O- 79, GAJIA ROAD, NEAR UNION BANK OF INDIA, DIST.- BARPETA, ASSAM, PIN- 781314. 2: JYOTIRMOY DAS S/O- TARANI KANTA DAS R/O- NEAR J.R.P. SCHOOL PALANGDHATI DIST. BARPETA ASSAM PIN- 781301. 3: PIKUMANI DAS D/O BANGSHIDHAR DAS R/O- MEDHIRTARY ROAD NEAR UNION BANK GAJIA DIST. BARPETA ASSAM PIN- 781304. 4: SOHRAB ALI AHMED S/O- FALU MIAH R/O- KAPUHA BARPALLI Page No.# 2/4 P.O./DIST.- BARPETA ASSAM PIN- 781314 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION (SECONDARY DEPARTMENT), DISPUR, GUWAHATI- 781006. 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019. 3:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE DISTRICT- BARPETA ASSAM. 4:THE DISTRICT SELECTION COMMITTEE FOR PROMOTION OF HEADMASTERS IN BARPETA DISTRICT FOR HIGH/ HIGHER SECONDARY SCHOOLS. REPRESENTED BY ITS DEPUTY COMMISSIONER CUM CHAIRMAN BARPETA DISTRICT BARPETA ASSAM. 5:THE STATE SELECTION BOARD FOR SELECTION OF HEADMASTER IN VARIOUS HIGH/ HIGHER SECONDARY SCHOOL OF THE STATE. REPRESENTED BY ITS SECRETARY SCHOOL EDUCATION DEPARTMENT- CUM- CHAIRMAN DISPUR GUWAHATI- 781006 Advocate for the Petitioner : MR B PRASAD, MR P J BORAH Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R Page No.# 3/4 05.03.2025 1. Heard Mr. B Prasad, learned counsel for the petitioners. Also heard Mr. NJ Khataniar, learned counsel appears for the Secondary Education Department. 2. The petitioners are Science Graduate Teachers working in various M.E. Schools, which were later amalgamated with High Schools of Assam. After the schools were amalgamated with High Schools, the petitioners became the faculty members of such High Schools and they were governed by the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (hereinafter referred to as ‘the 2018 Rules’). 3. The petitioners’ grievance is that though the petitioners had the requisite qualification for being considered for promotion to the post of Headmaster of the High Schools under the 2018 Rules, they have been excluded from the selection process for promotion to the post of Headmaster of the High Schools. They submit that the selection process that had been initiated for appointment of regular Headmasters in terms of the notification dated 26.09.2023 would have to include the petitioners herein. The counsels for the petitioners submit that though there is no bar for the petitioners to participate in the selection process for Headmasters in terms of the existing Rule 14(2)(b) of the 2018 Rules, the petitioners have been illegally barred from participating in the selection process. 4. Mr. NJ Khataniar, learned counsel appearing for the Secondary Education Department has submitted the notification dated 21.02.2025, issued by the Secretary to the Government of Assam, Department of School Education, which has been published in the Assam Gazette on 21.02.2025, wherein, in exercise of the powers conferred by the Proviso to Rule 309 of the Constitution of India, the Governor of Assam has been pleased to amend the 2018 Rules by way of the Assam Secondary Education (Provincialised Schools) Service (Amendment) Rules, 2025 (hereinafter referred to as ‘the 2025 Rules’). The said 2025 Rules has come into force on the date of publication in the Assam Gazette, i.e., on 21.02.2025. By way of the 2025 Rules Page No.# 4/4 Rule 14(2)(b) of the 2018 Rules has been substituted as follows:- “Provided further that in case of Amalgamated High school or Higher Secondary School where Middle English(ME) or Middle Vernacular(MV) school has been amalgamated, the Assistant Headmaster or Ex-officio Vice Principal as the case may be and the Science Graduate Teacher shall be eligible for selection to the post of Headmaster subject to the condition that the incumbent should have teaching experience as Graduate Teacher for a continuous period of at least fifteen(15) years including the period of service in the erstwhile Middle English(M.E) or Middle Vernacular(MV) School." 5. The counsel for the Secondary Education Department submits that the amended Rule 14(2)(b) would also be applicable for the selection process for filling up the vacant posts of Headmasters that had been initiated vide notification dated 26.09.2023 and as such, appropriate steps will be taken for filling up the vacant posts of Headmaster, by applying the amended Rules. 6. In view of the submissions made by Mr. Khataniar, learned counsel for the Secondary Education Department and as the selection process has not been completed till date, the respondents are directed to make the selection of Headmasters of the High Schools on regular basis, in terms of the 2025 Rules. In view of the fact that the High Schools have remained headless and they have been run by In-charge Headmasters for a long time, the State respondents should ensure that the selection process of Headmasters on regular basis is made as expeditiously as possible. 7. The writ petition is accordingly disposed of. 8. Stay orders passed earlier stand vacated. JUDGE Comparing Assistant