Page No.# 1/7 GAHC010235352025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6043/2025 HASNARA BEGUM WIFE OF MD SURUJ ALI, VILLAGE DAKHIN CHENEMARI, P.O. KATHANI, P.S. LAHARIGHAT IN THE DISTRICT OF MORIGAON, PIN- 782127, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI- 781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:THE DEPUTY INSPECTOR OF SCHOOL MORIGAON PIN- 782105 ASSAM 4:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO) LAHARIGHAT MORIGAON PIN- 782126 ASSAM 5:SEKHAR JYOTI RAHMAN ASSISTANT TEACHER OF LAHARIGHAT LP SCHOOL MORIGAON PIN- 782126 ASSAM Page No.# 2/7 6:THE MISSION DIRECTOR AXOM SARBA SIKSHA ABHIJAN MISSION KAHILIPARA GUWAHATI-19 ASSA Advocate for the Petitioner : MR. A DEKA, Advocate for the Respondent : SC, ELEM. EDU, SC, SSA BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 19.06.2026 Heard Mr. A. Deka, learned Counsel for the petitioner, Ms. S. Chutia, learned Standing Counsel, Elementary Education Department and Mr. S. Bora, learned Counsel for respondent no.6 i.e. SSA. 2. The office note reflects that service upon respondent no.5 is complete and the petitioner has also filed an affidavit showing that the service is complete by way of dasti, but there is no representation on behalf of respondent no.5 and as such, the instant case is taken up for disposal. 3. By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for writ in the nature of certiorari for quashing of the order dated 14.10.2025 issued by the Deputy Inspector of Schools, Morigaon, by Page No.# 3/7 which respondent no.5 namely Sekhar Jyoti Rahman was allowed to hold the post of In-Charge, Head Teacher of Laharighat Lower Primary School. 4. The case of the petitioner is that she was appointed as an Assistant Teacher by Sarba Siksha Abhijan vide advertisement dated 14.02.2012 and was posted at Laharighat Lower Primary School, Morigaon (hereinafter referred to as the school). It is stated that the petitioner was appointed in contractual basis. The petitioner states that she has been continuing in the said post since the date of her joining i.e. in the year 2012. She further states that respondent no.5 was appointed as an Assistant Teacher at Kanaklata, Lower Primary School on a temporary basis by order dated 28.06.2013. 5. The petitioner further states that respondent no.5 was transferred from the school where he was appointed to other school and by order dated 11.01.2016, he was transferred from Modhuram Konwar Lower Primary School to the School. It is reflected in the said transfer order that he had joined the said school as a regular Assistant Teacher. It is the further case of the petitioner that by a notification dated 01.07.2020 issued by the Commissioner and Secretary to the Government of Assam, Elementary Education Department by which it was notified that in pursuant to the cabinet decision dated 26.05.2020, additional service benefits to 29,701 number of Assistant teachers working in contractual basis both in lower Primary and Upper Primary Schools and who were engaged during the period from the year 2011-2017 and who had joined on or before 01.01.2018 were given and in the said notification, it was stipulated that the service of such teachers would continue till they attain 60 years of age subject to their satisfactory performance report along with medical reimbursement benefits as well as the leave benefits and salary benefits as per revision of pay rules. The petitioner thereafter states that the post of In-Charge Page No.# 4/7 Head Teacher of the school felt vacant on transfer of Ferdous Hussain, the then In-Charge, Head Teacher to other school and the vacancy having arisen, she applied for the said post before the Block Elementary Education Officer, Laharighat by application dated 22.08.2025. She applied for the said post on the basis that she was the senior most teacher of the said school having appointed in the year 2012. In pursuance thereof, the Block Elementary Education Officer by letter dated 16.09.2025 to the Deputy Inspector of Schools, Morigaon had intimated that the earlier incumbent having transferred to other District, the charge of Head Teacher of the school was handed over to the petitioner, she being the senior most Assistant Teacher. It was further intimated by the said letter that petitioner has been rendering her service as In-Charge Head Teacher with effect from 22.08.2025 till 16.09.2025 without any blemish. It was further intimated that as per Resolution No.8 of School Management Committee's executive meeting held on 21.08.2025, the charge be handed over to the petitioner. By the said letter, it was further informed that respondent no.5 also made his prayer for appointment to the said post of In-Charge Head Teacher of the said school and finally the Block Elementary Education Officer by the said letter had re-commended as per resolution no.8, the petitioner be allowed to work as In-Charge Head Teacher for the smooth functioning of the school. However, the Deputy Inspector of Schools by order dated 14.10.2025 had allowed respondent no.5 to hold the post of In-Charge Head Teacher of the said school and in the said order, it is stipulated that respondent no.5 is the senior most regular Assistant Teacher of the school. It is this order that the petitioner has challenged in the instant writ petition. 6. The learned Counsel for the petitioner submits that the petitioner was senior most Teacher of the said teacher and although she was arrayed as a Page No.# 5/7 contractual Teacher but all service benefits were given to her and the School Managing Committee in its meeting held on 21.08.2025 had taken a resolution to hand over the charge of Head Teacher to the petitioner and in pursuant to the same, the Block Elementary Education Officer had also written to the Deputy Inspector of Schools for such appointment. He as such submits that the petitioner should have been appointed as In-Charge Head Teacher of the school. He further submits that respondent no.5 is not only junior to the petitioner by seeing the date of appointment but also due to the fact that respondent no.5 was transferred on his own request to the school on 23.12.2015, thereby loosing his seniority. As such he submits that respondent no.5 is much junior to the petitioner and he cannot be appointed as Head Teacher in place of the petitioner. 7. On the other hand, Ms. S. Chutia, learned Standing Counsel, Elementary Education submits that the petitioner was appointed on contractual basis in the year 2012 and she has been continuing as a contractual teacher till date. She submits that the cabinet decision was only to give service benefits to the contractual Teachers under Assam, Sarba Siksha Abhijan Mission. As such, she submits that contractual teacher cannot be given In-Charge, Head Teacher of the School and respondent no.5 being the regular Teacher was seen eligible and was accordingly allowed to hold the charge of the said post. 8. On consideration of the submissions made by the parties and on perusal of the records of the instant case, this Court finds as follows: The petitioner was appointed as an Assistant Teacher in the school on 19.05.2012 and she was appointed in pursuance to advertisement dated 14.02.2012 and her appointment was pursuant to the selection done by Assam, Sarba Siksha Abhijan Mission. The Sarba Siksha Abhijan Mission appointed the petitioner Page No.# 6/7 during their endeavor for engagement of Assistant Teachers in Lower Primary Schools in Morigaon District of Assam. The petitioner is seen working in the said school since the day of her appointment. On 01.07.2020, it is seen that the cabinet by its decision taken on 26.05.2020 provided additional service benefits to the contractual teachers including benefits of revision of pay rules and further benefits of CPF etc. which were given to the regular teachers. It is also seen that the Head Teacher of the said school, who was transferred had given the charge of Head Teacher to the petitioner and the School Management Committee by its meeting dated 21.08.2025 had passed a resolution in the form of Resolution No. 8 to hand over the charge of Head Teacher to the petitioner as she was adjudged, the senior most Assistant Teacher of the said school. Pursuant to such resolution, the Block Elementary Education Officer had also by letter dated 16.09.2025 had intimated that petitioner was given the responsibility of In-Charge Head Teacher not only by the transferred Head Teacher of the school but also by the School Managing Committee. Further by relevant notification as well as the norms provided by the respondent authorities, the Head Teacher of the Lower Primary Schools are appointed on the basis of seniority of the teachers of the respective school. It is seen that petitioner is the senior most Teacher of the said school although she was working on a contractual basis but all other benefits were given to her and respondent no.5 had joined the said school much after the petitioner. 9. As such this Court deems it fit to direct the Director of Elementary Education to consider the case of the petitioner for being appointed as In- Charge, Head Teacher of Laharighat Lower Primary School. 10. In view of the same, the order dated 14.10.2025 stands quashed and the Director of Elementary Education is ordered to pass a fresh order after Page No.# 7/7 considering the case of the petitioner, within a period of two months from the date of receipt of this order. Further in the mean time, till the fresh order is issued by the Director of Elementary Education, Assam, the Block Elementary Education Officer, Laharighat be given the responsibility for smooth functioning of the school. 11. Petition is disposed of. JUDGE Comparing Assistant