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2025 DAILYLAW 25254 (GAU)

MRS MILAN DAS v. THE STATE OF ASSAM AND 4 ORS

WP(C)/6649/2025 · 2025-11-27

Anjan Moni Kalita

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010241682025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6649/2025 MRS MILAN DAS W/O- UMESH CHANDRA DAS, SENIOR MOST ASSISTANT TEACHER, BAMUNIMAIDAN GOVT JUNIOR BASIC SCHOOL, GUWAHATI, UNDER DI OF SCHOOLS, KAMRUP (M), R/O SHANTIPARA, KAHILIPARA, KAMRUP (M), ASSAM, PIN 781019 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI -788006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER KAMRUP (M) GUWAHATI ASSAM PIN 781019 4:THE DEPUTY INSPECTOR OF SCHOOLS GUWAHATI KAMRUP (M) ASSAM PIN 781001 5:SMTI BINITA DAS ASSISTANT TEACHER BAMUNIMAIDAN GOVT. JUNIOR BASIC SCHOOL Page No.# 2/3 GUWAHATI ASSAM PIN 78102 Advocate for the Petitioner : MR. B PURKAYASTHA, MR. J P BARUAH Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 28.11.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned Standing Counsel, Elementary Education Department, Assam. 2. The grievance of the petitioner in the instant petition is that though she is the senior-most Assistant Teacher in Bamunimaidan Govt. Junior Basic School, Guwahati, instead of her, the respondent no. 5 was given the In-charge Headmistress in the school w.e.f. 01.09.2025, against the spirit of the communication dated 08.09.1997. 3. The learned counsel for the petitioner submits that though the petitioner is the senior-most Assistant Teacher in the school and because of her position in the Gradation List, she should have been given the post of In-charge Headmistress of the school, but, the respondent Department has given the post of In-charge Headmistress to the respondent no. 5, who was transferred to the school by way of a personal request. Therefore, it is submitted that the petitioner being the senior-most Assistant Teacher in the concerned school, she should have been given the post of In-charge Headmistress. 4. The learned counsel for the petitioner submits that the petitioner has already submitted a representation before the Deputy Inspector of Schools, Guwahati, to consider her case but the same is yet to be considered. In view of the above, the learned counsel submits that a direction may be issued by this Court to the Director of Page No.# 3/3 Elementary Education, Assam, Guwahati to dispose of her representation after hearing both the respondent no. 5 and the petitioner. 5. Upon consideration of the aforesaid prayer, this Court feels that the prayer made is justified and therefore, directs that the Director of Elementary Education, Assam shall take up the hearing of the instant matter by calling both the respondent no. 5 and the petitioner and upon hearing both the parties, pass a reasoned order accordingly. 6. Though the petitioner has submitted a representation to the Deputy Inspector of Schools, Guwahati, the petitioner is allowed to file a fresh representation before the Director of Elementary Education, Assam, stating her grievances. 7. It is directed that the aforesaid hearing by the Director should be carried out and completed within a period of 2(two) months from the date of receipt of the representation by the Director from the petitioner. 8. With the aforesaid observations and directions, the instant writ petition is disposed of. JUDGE Comparing Assistant