Page No.# 1/5 GAHC010042362025 2025:GAU-AS:17629 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1513/2025 GOBINDA TALUKDAR SENIOR MOST GRADUATE TEACHER OF THAMNA BINAPANI HIGH SCHOOL, S/O LATE DHARANI TALUKDAR, R/O VILL AND P.O.- THAMNA, DIST- BAKSA, ASSAM VERSUS THE STATE OF ASSAM AND 10 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR P.O. AND DISTRICT- KOKRAJHAR ASSAM PIN-783370 3:THE SECRETARY EDUCAATION DEPARTMENT CUM CHAIRMAN DEPARTMENTAL SELECTION COMMITTEE BTC KOKRAJHAR ASSAM PIN- 783370 4:THE INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE MUSHALPUR P.O. MUSHALPUR DIST- BAKSA Page No.# 2/5 ASSAM PIN-781372 5:APURBA SARMA PROMOTED TO GIRISH VIDYAPITH SPL. HIGH SCHOOL OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSAM 6:RANJIT BAISHYA PROMOTED TO KHARUA MILON HIGH SCHOOL OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSAM 7:RAJU BARMAN PROMOTED TO SUNDARPUR HIGH SCHOOL OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSAM 8:KARIM ALI PROMOTED TO LAKHIMPUR HIGH SCHOOL OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSAM 9:PRADIP NATH PROMOTED TO BHASKARJYOTI GIRLS HIGH SCHOOL OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSAM 10:KANDARPA HUJURI PROMOTED TO KHAGRABARI ARUNODOI H.S. OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR Page No.# 3/5 DIST- BAKSA ASSAM 11:GAUTAM RAJBONGSHI PROMOTED TO SUBHA RAM HIGH SCHOOL OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSA Advocate for the Petitioner : MR. S Ali, MR K DAS Advocate for the Respondent : SC, SEC. EDU., SC, BTC BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 18.12.2025 Heard Mr. S. Ali, learned counsel for the petitioner. Also heard Ms. R. Baruah, learned counsel for the respondent No.1. and Ms. B. Bora, learned counsel for the respondent Nos.2, 3 and 4. [2.] Having regard to the nature of the grievance projected by the petitioner, the writ petition is taken up for disposal at this age. [3.] It is the case of the petitioner that he is the senior most Graduate Teacher having the requisite qualification to be considered for promotion to the post of Headmaster of Higher Secondary School. The petitioner contends that he has been receiving graduate pay scale with w.e.f 25.09.1998. Although the respondent authorities had initiated the process of selection to fill up the post of Headmaster, the petitioner was ignored and instead his juniors have been promoted. According to the petitioner, he is placed at Sl. No. 40 in the Gradation Page No.# 4/5 List while those appearing in Sl. Nos.55, 57, 59, 74, 106, 133 and 137 in the gradation list who are the private respondents have already been promoted in the post of Headmaster. The learned counsel submits that Rules governing promotion to the post of Headmaster is Rule-14 of the Assam Secondary Education (Pronvincialised Schools) Service Rules, 2018 (Rules of 2018 in short). While such being the position, the respondent authorities ignoring the said Rules have promoted those who are junior to the petitioner. [4.] The learned counsel submits that the case of the petitioner is squarely covered by a decision rendered by a Co-ordinate Bench of this Court vide common judgment and order dated 12.06.2025, where the lead case is WP(C)/1735/2024. Referring to the said judgment which is annexed as Annexure-1 to the reply affidavit filed by the petitioner, the learned counsel submits that Court had directed the respondent authorities to consider the case of the petitioner therein in terms of their seniority and as per procedure laid down by the Rules-14 of the Rules of 2018. It was further observed that since the select list pertains to entire Baksa district, displacement should be done from the bottom of the list of the selected candidates within a timeframe. The learned counsel therefore submits that the present writ petition may also be disposed of in similar line. [5.] The learned counsel for the BTC as well as for the School Education Department submit that similar direction be given to the respondents in the present case as well can to do the needful in terms of the Rule-14 of the Rules of 2018. [6.] Upon due consideration and after hearing the learned counsel for the parties, it only appears that the present case is squarely covered by the earlier decision of this Court in WP(C)/1735/2024. Accordingly, the writ petition is Page No.# 5/5 disposed of by directing the respondent authorities to consider the case of the petitioner in terms of the Rules-14 of the Rules of 2018 and also by taking into account his seniority position in the Gradation List. Upon such consideration, if the petitioner is found to be senior and qualified as per the required norms to be promoted to the post of Headmaster, appropriate orders be issued to that effect by placing him in the appropriate place vis a vis the private respondents and displacement done from the bottom of the list. [7.] Such exercise be carried out within a period of two months from the date of receipt of a certified copy of this order. [8.] The petitioner shall also submit a copy of the judgment and order dated 12.06.2025, passed in WP(C)/1735/2024 along with a certified copy of this order to the respondent No.2 for necessary action. [9.] Writ petition is accordingly stands disposed of. JUDGE Comparing Assistant