Page No.# 1/4 GAHC010249122022 2025:GAU-AS:3230 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7830/2022 MILON BORO S/O- LT. SAMAN BORO, R/O- VILL- KUWARI GAON, P.O. GANESH KUWARI, P.S. SIPAJHAR, DIST.- DARRANG, PIN- 784145, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-06 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPTT. DISPUR GHY-06 3:THE COMM. AND SECY. EDUCATION (SECONDARY) DEPTT. GOVT. OF ASSAM DISPUR GHY-06 4:THE COMM. AND SECY. FINANCE DEPTT. GOVT. OF ASSAM DISPUR GHY-06 5:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GHY-19 ASSAM 6:INSPECTOR OF SCHOOL DIST.- DARRANG CIRCLE MONGALDOI Page No.# 2/4 PIN- 784125 ASSAM 7:KHARUPETIA HIGHER SECONDARY SCHOOL DIST.- DARRANG PIN- 784115 ASSAM REP. BY ITS PRINCIPA Advocate for the Petitioner : MR. R C SAIKIA, MS. K SAIKIA,MS. N DEY Advocate for the Respondent : SC, SEC. EDU., GA, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 24-03-2025 Heard Mr. RC Saikia, learned senior counsel assisted by Ms. K Saikia, learned counsel for the petitioner. Also heard Ms. P Das, learned counsel for the respondent Nos. 2, 3, 5, & 6; Mr. P Saikia, learned counsel for the respondent No. 1, while Ms. RM Barooah, learned counsel for the respondent No. 4. 2. The petitioner, who is a Grade-IV employee in Kharupetia Higher Secondary School has prayed for promotion to the post of Junior Assistant, on the ground that he has been working as a Grade-IV employee for the last 10 (ten) years. 3. Mr. RC Saikia, learned senior counsel for the petitioner has relied upon Rule 5(2) of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (hereinafter referred to as the “2018 Rules”) for being promoted to the post of Junior Assistant, which is a Grade-III post. Page No.# 3/4 4. Ms. P Das, learned counsel for the respondent Nos. 2, 3, 5 & 6 and Mr. P Saikia, learned counsel for the respondent No. 1 submit that the petitioner’s writ petition would have to be dismissed, inasmuch as, there is no provision for promoting a Grade-IV employee to a Grade-III post, in terms of the 2018 Rules. 5. I have heard the learned counsels for the parties. 6. Rule 5 of the 2018 Rules does not provide for promoting a Grade-IV employee to a Grade-III post. Rule 5 provides that recruitment to the cadre of Junior Assistant and Librarian Assistant is to be made by direct recruitment, on the basis of a selection by the District Selection Committee constituted under Rule 6(2) in the manner prescribed under sub-rule 3 and the guidelines issued from time to time by the Education Department. Rule 5 (2) of the 2018 Rules provides that five percent of the total posts of Junior Assistant of a District shall be filled up by direct recruitment from the Grade-IV staff of the Schools under the concerned District, having requisite qualification with five years experience of continuous service as Grade-IV and remaining posts shall be filled up by direct recruitment from the open competition in the manner prescribed under sub-rule 3. 7. As can be seen from the provision of Rule 5 of the 2018 Rules, there is no promotional avenue of a Grade-IV employee to the post of Junior Assistant. The only procedure for appointment to the post of Junior Assistant is by way of direct recruitment. Grade-IV employees of a school can also be appointed to 5% of the total posts of Junior Assistant of a District by way of direct recruitment. 8. In view of the above facts and Rule 5 of the 2018 Rules, the prayer of the Page No.# 4/4 petitioner for promotion from a Grade-IV post to the post of a Junior Assistant cannot be granted. However, in view of Rule 5(2) of the 2018 Rules, the State respondents are directed to consider the case of the petitioner for promotion to the post of Junior Assistant, as and when the State respondents decide to fill up the quota reserved for direct recruitment of Grade-IV employees to Junior Assistant. The same is however subject to the condition that the petitioner comes within the zone of consideration and is eligible to be considered for direct recruitment to the Grade-III post in terms of the 2018 Rules and the guidelines that may be issued from time to time by the State Government. 9. The writ petition is accordingly, disposed of. JUDGE Comparing Assistant