Page No.# 1/5 GAHC010213402023 2025:GAU-AS:17329 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5745/2023 ABED ALI S/O- NURAL ALI, R/O- VILLAGER HABLABHA, P.O- KHATIKUCHI, DIST- NALBARI, PIN-781369, DIST- ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY ), DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI PIN-781019 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE DIST- NALBARI ASSAM 4:THE PRINCIPAL PASCHIM BANBHAG HIGHER SECONDARY SCHOOL P.O- KHATIKUCHI DIST- NALBARI ASSAM PIN-78136 Advocate for the Petitioner : MS. J DEKA, MS. A TALUKDAR Page No.# 2/5 Advocate for the Respondent : SC, SEC. EDU., MR. U K GOSWAMI (R-4) BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 15.12.2025 Heard Ms. A. Talukdar, learned counsel for the petitioner and Mr. U. Sarma, learned Standing Counsel, Secondary Education Department. [2.] Having regard to the nature of the case projected by the petitioner, the same is disposed of by this Order. [3.] This is the second time, the petitioner is before this Court. The earlier writ petition being WP(C) No. 4983 of 2021 was disposed of vide Order dated 29.09.2021. The projected case of the petitioner is that he was appointment as a Subject Teacher in Logic & Philosophy in Paschim Banbhag Higher Secondary School on 29.12.2010. The appointment was made on honourary basis, inasmuch as, there was no sanctioned post of Logic & Philosophy in the said school at that relevant point of time. According to the petitioner, he has been discharging his duty as a Subject Teacher in Logic & Philosophy, ever since his appointment in the year 2010 and there has been sufficient enrollment of the students for the said subject. The school was upgraded to Higher Secondary standard as per the decision of the Government vide Memo No. 567/91/112 dated 16.11.1991 and the same was accordingly communicated to the Principal of Paschim Banbhag Higher Secondary School on 30.12.1991 by the Director of Secondary Education, Government of Assam. The Director, also informed the members concerned to submit fresh proposal of appointment for Subject Teacher as per the staff pattern mentioned in the said communication. Be it Page No.# 3/5 stated herein that there was a sanctioned post of Subject Teacher in History in the said school. Vide Letter dated 13.07.2000, the Director of Secondary Education, converted the same as 3rd post in the subject Assamese. [4.] Considering the number of students, it was found that there was no requirement for 3rd post of Assamese in the School and as it lying vacant for quite some time, the Principal of the School through Inspector of Schools, Nalbari District Circle, Nalbari vide his Letters dated 17.10.2013, 04.12.2013, 16.07.2018 and 25.06.2019 sought for conversion of the 3rd vacant post of Assamese to Logic & Philosophy. He also stated that there were only seven (7) subjects in the School, which included Logic & Philosophy. Despite the proposals, since no action was taken, the petitioner filed his first writ petition. [5.] As already stated, the writ petition was disposed of vide Order dated 29.09.2021 by directing the Under Secretary to the Government of Assam, Secondary Education Department to place the proposal of the Principal, which was forwarded by the Director before the Commissioner & Secretary to the Government of Assam in the Secondary Education Department. The Principal Secretary to the Government of Assam in the Secondary Education Department, considering the proposal was directed to pass a reasoned order and if the same was passed in favour of conversion to the subject of Logic and Philosophy, the respondent authorities were then to examine whether the petitioner can be regularized against the such converted post. [6.] Following the same, the Secretary to the Government of Assam, Department of School Education, vide impugned Order dated 14.05.2023 has passed an Order which is put to challenge in the instant writ petition. The said Page No.# 4/5 Order provides that as per the report submitted by the Director of Secondary Education, Government of Assam, the Service Rules of 2003 as amended in 2012 do not provide the provision of engagement of any Post Graduate Teacher in a provincialised High School on honourary basis. In fact, the same is to be filled up by open advertisement and by direct recruitment by the appointing authority. The said authority, thus, concluded that it was not feasible or justified to convert the 3rd Assamese Post Graduate Teacher into Post Graduate Teacher of Logic and Philosophy. [7.] A perusal of the impugned Order goes to show that the observation and direction of this Court has not been understood by the authority concerned in the correct perspective. The communication made by the Director of Secondary Education at the relevant time to the Principal of the said School was for submitting a fresh proposal for appointment to the Subject Teacher as per the staffing pattern. The Principal of the School, thereafter, upon considering the fact that the 3rd post of Assamese was not required, and that there was a demand for a Teacher in Logic and Philosophy, forwarded the proposal to the Director of Secondary Education through the Inspector of Schools concerned. [8.] It may also be taken note that the petitioner, since his joining the School in the year 2010 has rendered his service as Teacher in Logic and Philosophy till date. This has not been denied by the respondents at any point of time and therefore, it will not be open for the respondents to take a stand at this stage that the relevant rules do not provide for engagement of a Post Graduate Teacher in a provincialised Higher Secondary Schools on honourary basis. The materials on record goes to show that there was sufficient enrollment of the students in the subject of Logic and Philosophy and the School Principal has Page No.# 5/5 been time and again requesting for conversion of the 3rd post of Assamese into Logic and Philosophy. However, the same has not been received consideration even after the disposal of the first writ petition. [9.] Under the circumstances, this Court is of the view that the respondent authority concerned, more particularly, the Commissioner & Secretary to the Government of Assam, Secondary Education Department should have a re-look on the issue, in terms of what has been directed earlier and also in terms of what has been observed in this Order as expeditiously as possible at any rate within a period of six (6) weeks from the date of receipt of a certified copy of this Order. [10.] It is ordered accordingly. [11.] It is needless to mention herein that the impugned Order dated 14.05.2023 is set aside. It is further provided that upon such consideration, if the conversion of the post is agreed upon, the petitioner should be given due consideration for being adjusted to the post, keeping in mind the long years of services already rendered by him. [12.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant