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2025 DAILYLAW 2979 (GAU)

SRI TILAK CHANDRA HALOI AND ORS v. THE STATE OF ASSAM AND ORS

WP(C)/4161/2025 · 2026-03-31

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010163302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4161/2025 SRI TILAK CHANDRA HALOI AND ORS AGED ABOUT 50 YEARS, SON OF LATE RAMESH HALOI, R/O VILLAGE- BANGALI PARA, P.O.- NIZ BANGALI PARA, P.S.- BARAMA, DISTRICT- BAKSA (BTR), ASSAM. 2: SRI. DIPAK KALITA AGED ABOUT 48 YEARS S/O LATE DANDI NATH KALITA R/O VILLAGE- TOKANKATA P.O.- THANGURI DISTRICT- BAKSA ASSAM 3: SRI. KANAK DAS AGED ABOUT 42 YEARS S/O SRI. NABIN DAS R/O VILLAGE- BHAKATPARA P.O. TAMULPUR DISTRICT TAMULPUR ASSA VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-781006. Page No.# 2/6 2:THE SECRETARY EDUCATION DEPARTMENT CUM CHAIRMAN OF DEPARTMENTAL PROMOTION COMMITTEE BODOLAND TERRITORIAL COUNCIL (B.T.C.) KOKRAJHAR 3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR 4:THE INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE MUSHALPUR 5:THE SECRETARY FINANCE DEPARTMENT BODOLAND TERRITORIAL DEPARTMENT BODOLAND TERRITORIAL COUNCIL KOKRAJHAR 6:THE STATE SELECTION BOARD THROUGH THE CHAIRMAN I.E. THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION (SECONDARY) DEPARTMENT DISPUR GUWAHATI-06 7:MD. TAZUDDIN AHMED HEADMASTER KAURBAHA NAVAMILAN HIGH SCHOOL. P.O.- RANGIA DISTRICT-BAKSA ASSAM. PIN- 781354 8:SRI. AMULYA KUMAR DAS HEADMASTER SATI JAYMATI HIGH SCHOOL.P.O.-SARUMANIKPUR DISTRICT- BAKSA ASSAM PIN- 781329 9:SRI. NARAYAN MEDHI HEADMASTER BEBEJIPARA HIGH SCHOOL. P.O.- CHARAIMARI DISTRICT-BAKSA ASSAM. PIN- 781377 10:SRI. MARMESWAR BASUMATARY HEADMASTER Page No.# 3/6 GOLAGAON HIMACHAL HIGH SCHOOL.P.O.-GOLAGAON DISTRICT-BAKSA ASSAM. PIN- 781327 11:SRI. RABIN TALUKDAR HEADMASTER KOKLABARI GIRLS HIGH SCHOOL. P.O.- GOLAGAON DISTRICT-BAKSA ASSAM. PIN-781327 12:SRI. JOGEN CHANDRA RAJBONGSHI HEADMASTER BARKHOPA HIGH SCHOOL. P.O.-BARKHOPA DISTRICT-BAKSA ASSAM. PIN-781367 13:SRI. MAKAN BARMAN HEADMASTER SINGIMARI HIGH SCHOOL GORESWAR. P.O.-SINGHIMARI DISTRICT- NAGAON ASSAM. PIN- 781318 14:SRI. BIPUL CHANDRA KALITA HEADMASTER MADHYA BIJNI HIGH SCHOOL. P.O.-HUDUKHATA DISTRICT-BAKSA ASSAM. PIN-781318 15:SRI. NARESWAR DAS HEADMASTER SANTI MANDIR HIGH SCHOOL. P.O.- PALCHIGURI/GUTI DISTRICT- BAKSA ASSAM. PIN-781318 16:SRI. DEBABRATA CHANDRA DAS HEADMASTER MAIRAJHAR BRAHMAMAYEE HIGH SCHOOL. P.O.- MAIRAJHAR DISTRICT-BAKSA ASSAM. PIN- 781315 17:SRI. CHABIN GOYARY HEADMASTER SILBARI HIGH SCHOOL. P.O.-SILBARI DISTRICT-BAKSA ASSAM. PIN- 781327 18:SRI. BINALI NARZARY Page No.# 4/6 HEADMASTER JND MILAN HIGH SCHOOL. P.O.- JOKMARI/NIZ DEFELI DISTRICT- BAKSA ASSAM. PIN- 781367 19:SRI. NRIPEN PATHAK HEADMASTER SRI SRI. LAKSHMI HIGH SCHOOL UZIARBARI. P.O.- CHARAIMARI DISTRICT-BAKSA ASSAM. PIN- 781377 20:SRI. CHIJEN GOYARI HEADMASTER HIMGIRI BODO MEDIUM HIGH SCHOOL. P.O.-RABANGURI DISTRICT-BAKSA ASSAM. PIN- 781327 21:SRI. SIRAJ ALI HEADMASTER KUMARIKATA HIGH MADRASSA KUMARIKATA. P.O.- KUMARIKATA DISTRICT-BAKSA ASSAM. PIN- 781360 22:SRI. SANJAY KUMAR MEDHI HEADMASTER BARSIRAL HIGH SCHOOL. P.O.- NIZ BARSIRAL DISTRICT-BAKSA ASSAM. PIN- 781349 23:SRI. MAINUL KHANDAKAR HEADMASTER LAKHIMI PATHER HIGH SCHOOL.P.O.-CHARAIMARI DISTRICT-BAKSA ASSAM. PIN-78137 Advocate for the Petitioner : MR. S K GOSWAMI, MR. R SHARMA,MS P SARMA Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE,GA, ASSAM,SC, BTC BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Page No.# 5/6 Date : 01-04-2026 Heard Mr. S.K. Goswami, learned counsel for the writ petitioner. Also heard Ms. N. Choudhury, learned standing counsel, BTC. The petitioner in the present writ petition has raised a grievance with regard to his supersession by his juniors in the matter of promotion to the post of Headmaster of provincialized schools situated in the district of Baksa in the BTC. Mr. Goswami submits that the BTC authorities in the affidavit filed in the matter had projected that the petitioner was placed lower than his erstwhile juniors on merits and accordingly, his case was not considered for such promotion. However, Mr. Goswami submits that the Secretary, BTC vide a communication dated 12-03-2026 had intimated the Director, Education Department, BTC, about the decision of the Council to cancel the recommendation made by the Departmental Promotion Committee, BTC, on 04-03-2024, for promotion against the vacant posts of Headmaster in Baksa, on account of clear violation of the provisions of Rule 14 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (in short “the Rules of 2018”). Accordingly, the Director, Education Department. BTC, was directed to initiate the process of selection by strictly adhering to the Rule 14 of the Rules of 2018. Accordingly, he submits that in view of the selection process having been cancelled, the grievance raised by the petitioners in the present proceeding stands redressed. He, accordingly, submits that the present writ petition may be closed in terms of the said communication dated 12-03-2026. Ms. N. Choudhury, learned standing counsel, BTC, does not dispute the contentions Page No.# 6/6 raised by Mr. S.K. Goswami, learned counsel for the petitioner with regard to the communication dated 12-03-2026 issued by the Secretary, BTC. In view of the submission made at the Bar that the selection process involved in the present writ petition having already been cancelled by the BTC, no further live issue arises for consideration in the present writ petition. Accordingly, the present writ petition stands closed as having become infructuous. It is provided that in the event a fresh process of selection is initiated for filling up of the vacant posts of Headmasters, as available in the provincialized High Schools, in the district of Baksa, the case of the petitioner, along with others, shall be considered strictly in accordance with Rule 14 of the Rules of 2018. A copy of the communication dated 12-03-2026 furnished by Mr. S.K. Goswami, learned counsel for the petitioner is kept on record, marked as ‘X’, for the purpose of identification. JUDGE Comparing Assistant