Page No.# 1/3 GAHC010232382025 2025:GAU-AS:14425 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6086/2025 NANDESWAR DEORI S/O- LATE GETHURAM DEURI, R/O- VILL.- BAHGORAH, P.O. BAHGORAH, P.S. BIHPURIA, DIST. LAKHIMPUR, ASSAM, PIN- 784161. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE INSPECTOR OF SCHOOLS LAKHIMPUR LAKHIMPUR ASSAM-787001. 4:THE PRINCIPAL ANIRUDHADEV BAGHORA DEURI H. S. SCHOOL LAKHIMPUR ASSAM- 784161 5:OLI BARUAH ASSISTANT GRADUATE TEACHER ANIRUDHADEV BAGHORA DEURI H S SCHOOL LAKHIMPUR ASSAM-784161 Advocate for the Petitioner : MR. A DEKA, Page No.# 2/3 Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 29.10.2025 Heard Mr. A. Deka, learned counsel for the petitioner and Ms. P. Das, learned Standing Counsel, Secondary Education Department for the respondent Nos. 1, 2 and 3. [2.] Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at the motion stage itself. [3.] The petitioner is aggrieved with the issuance of the order dated 06.09.2025 by the Principal of Anirudhadev Bahgora Deuri H.S School, by which the private respondent No.5 has been given the charge of Vice Principal of the School on temporary basis. According to the petitioner, the Principal does not have any authority to pass such an order in view of the fact that it is the Inspector of Schools who is the appointing authority in terms of Section 2 (a) (ii) of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018. Further, the private respondent No.5 is not the senior-most teacher of the School and the Principal without taking into consideration the seniority position of the teachers of School could not have issued the impugned order. The learned counsel therefore submits that the impugned order dated 06.09.2025 should be set aside and the authority concerned directed to decide who should be placed as the In-Charge Vice Principal of the School in terms of the relevant rules. Page No.# 3/3 [4.] Ms. P. Das, learned Standing Counsel, Secondary Education Department also submits that the Principal has no authority to pass such an order in view of the provisions of the Rules of 2018 and therefore, the same may be set aside with a further direction to the Inspector of Schools concerned to decide who should be placed as the In-Charge Vice Principal. [5.] Considering the above submission and upon perusal of the materials available on record it only appears that the order dated 06.09.2025 has been passed de-hors the relevant rules and accordingly the same is set aside. The respondent No.3, Inspector of Schools, Lakhimpur shall take necessary steps for placing an appropriate person as the In-Charge Vice Principal of the School concerned within 6(six) weeks from the date of receipt of a certified copy of the order. [6.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant