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2025 DAILYLAW 27234 (GAU)

SRI MUNINDRA KUMAR DAS v. THE STATE OF ASSAM AND ORS

WP(C)/6768/2025 · 2025-11-30

Robin Phukan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010251902025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6768/2025 SRI MUNINDRA KUMAR DAS S/O- LATE TARANI CHANDRA DAS, VICE PRINCIPAL, BAGHMARA HIGHER SECONDARY SCHOOL, BAJALI, R/O -VILLAGE- MAJARMAKHA, P.O- BAGHMARA BAZAAR, DIST.- BAJALI, PIN- 781328 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION DEPARTMENT), ASSAM (CIVIL) SECRETARIAT, BLOCK -C, DISPUR, GUWAHATI, ASSAM PIN- 781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN- 781019 3:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA DIST - BARPETA ASSAM PIN 78130 Advocate for the Petitioner : MR. J P BARUAH, MR. B PURKAYASTHA Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 01.12.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner and Mr. S.M.T. Chistie, learned standing counsel for the Secondary Education Department. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 07.10.2024, issued by the Director of Secondary Education (DSE hereinafter), by which the Director had allowed the Inspector of Schools, BDC Barpeta (IS hereinafter) to hold the charge of Principal In-charge of Baghmara Higher Secondary School vice Smt. Kusum Choudhury retired on 30.09.2025. 3. Mr. Purkayastha, learned counsel for the petitioner submits that the petitioner is the senior most eligible and qualified candidate for holding the post of Vice Principal of Baghmara Higher Secondary School, Bajali in the district of Barpeta. But, despite having requisite qualification by the petitioner, the DSE, vide order dated 07.10.2024, had allowed the IS to hold the charge of Principal In-charge of Baghmara Higher Secondary School. 3.1. Mr. Purkayastha further submits that, thereafter, the DSE, vide letter dated 23.10.2025, had directed the IS to send the proposal along with the seniority list of the teachers of the said school. But, the IS has not been forwarding the proposal till date and being aggrieved, the petitioner has approached this Court by filing the present writ petition praying for issuing direction to the IS (respondent No. 3) to submit the proposal to the DSE as per instruction dated 23.10.2025 (Annexure – 10) and further, issue direction to the DSE to act upon the same in a time bound manner. Page No.# 3/3 4. Per-contra, Mr. Chistie, learned standing counsel for the Secondary Education Department submits that he has no objection in the event of disposing of this petition by directing the respondent No. 3 to submit the proposal to the DSE in a time bound manner. 5. Accordingly, taking note of the submissions of learned counsel for both the parties and also as agreed upon, this Court is inclined to dispose of the petition by directing the respondent No. 3 to submit the proposal to the DSE, as per instruction dated 23.10.2025 (Annexure – 10), within a period of 1 (one) week from the date of receipt of the certified copy of this order and on such proposal being received by the DSE, the same be acted upon same within a period of 3 (three) weeks from the date of receipt of the same. 6. The petitioner shall obtain a certified copy of this order and place the same before the respondent No. 3, within a period of 1 (one) week from today. 7. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant