Page No.# 1/6 GAHC010281062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7435/2025 MD. MANIR UDDIN LASKAR S/O LATE SANUHAR ALI LASKAR, RESIDENT OF VILLAGE NIZ BOBOKA, PO AND PS DOBOKA, DIST HOJAI, ASSAM 782440 VERSUS THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION DEPARTMENT, DISPUR GUWAHATI 781006 2:THE DIRECTOR HIGHER EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI 781019 3:THE DEPUTY DIRECTOR HIGHER EDUCATION DEPARTMENT ASSAM KAHILIPARA GUAWHATI 19 4:THE PRINCIPAL AND SECRETARY HAJI ANFAR ALI COLLEGE DOBOKA HOJAI ASSAM 782440 5:THE DISTRICT COMMISSIONER SANKARDEV NAGAR HOJAI ASSAM 78244 Page No.# 2/6 Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,MR. A M AHMED,MR. M. A. CHOUDHURY Advocate for the Respondent : SC, HIGHER EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 24-06-2026 Heard Mr. H.R.A. Choudhury, learned Sr. counsel assisted by Mr. M.A. Choudhury, learned counsel for the petitioner. Also heard Mr. S. Das, learned standing counsel, Higher Education, Assam. 2. The petitioner in the present writ petition has raised a grievance with regard to non-consideration of his case for promotion to the post of Sr. Assistant in terms of the provision of Assam Ministerial District Establishment Service Rules, 1967. 3. The petitioner in the writ petition has contended that the Director, Higher Education, Assam had not acted upon the recommendation already made in favour of the petitioner by the authorities of Haji Anfar Ali College for his promotion to the post of Sr. Assistant, after his suitability for the purpose was assessed by the Departmental Promotion Committee (DPC) of the College. 4. The petitioner, herein, was appointed as Junior Assistant in Haji Anfar Ali College (hereinafter referred to as the ‘College’) on 04-08-1994. The initial appointment of the petitioner was subsequently regularized w.e.f. 25-03-1998. The petitioner, thereafter, is continuously discharging his duties in the said College. Page No.# 3/6 5. On 28-02-2023, a post in the cadre of Sr. Assistant became vacant when the incumbent, therein, had retired from his service. The petitioner who had by now completed 27 years of continuous service and possessing the requisite eligibility criteria for promotion to the cadre of Sr. Assistant, approached the College authorities for consideration of his case for such promotion, by reckoning the provisions made in this connection in the Assam Ministerial District Establishment Rules, 1967 (hereinafter referred to as the “Rules of 1967”). Accordingly, a proposal was submitted by the Principal of the College before the Director, Higher Education vide communication dated 05-01- 2024. Along with the said proposal, the Annual Confidential Reports (ACRs) of the petitioner for the period relevant and the resolution in this connection by the Governing Body of the College was also enclosed. The Principal had also enclosed the minutes of the Departmental Promotion Committee (DPC) meeting, wherein, the case of the petitioner was so considered for promotion to the post of Sr. Assistant and his name was recommended for the purpose. The said proposal having been submitted to the Director of Higher Education, Assam and the same not having been taken to its logical conclusion, the petitioner has instituted the present writ petition. 6. I have heard the learned counsel for the parties and have also perused the materials available on record. 7. From the materials brought on record, it is seen that the proposal with regard to the promotion of the petitioner to the post of Sr. Assistant being received from the College authorities, the Director, Higher Education, Assam, had approached the Government in the Higher Education Department with a query as to whether in absence of a Bachelor’s Page No.# 4/6 degree being possessed by the petitioner, herein, his case would be mandated to be considered for promotion to the post of Sr. Assistant. It was also highlighted in the said communication that there was no specification of any educational qualification requisite to be acquired by the incumbent in the cadre of Jr. Assistant for consideration of his case for promotion to the post of Sr. Assistant. 8. This Court notices that in terms of the provision for recruitment to the cadre of Jr. Assistant as incorporated in the provision of Rule 6(6) of the said Rules of 1967, for recruitment and/ or promotion to the cadre of Jr. Assistant, a degree qualification is mandated to be acquired by the candidate desirous for such appointment/ promotion. However, in the provision of Rule 6(4) with regard to the recruitment to the post of Sr. Assistant, it is only provided that the promotion shall be so effected from amongst the incumbents in the cadre of Jr. Assistant, by applying the criteria of Seniority-cum-Merit, provided they have rendered service not less than 05 years as on the 1st day of the year in which the promotion is made. This Court does not find any further stipulation with regard to the qualification being mandated to be so possessed by an incumbent in the cadre of Jr. Assistant for being promoted to the cadre of Sr. Assistant. Accordingly, the petitioner’s recruitment as Jr. Assistant having occasioned prior to the date of amendment of the Rule 6(6) of the Rules of 1967 and the requirement of having a graduate qualification being introduced, therein, it is not mandated that the petitioner who was already in service, to also acquire the graduate qualification for the purpose of consideration of his case for promotion to the rank of Sr. Assistant. 9. Mr. S. Das, learned standing counsel, Higher Education by referring to the Page No.# 5/6 provisions of the Assam College Employees (Provincialisation) Rules, 2010, has submitted that the ACRs of the petitioner which were forwarded along with the proposal was found to have not been prepared in terms of the provision as laid down in Rule 26 of the said Rules of 2010. He submits that the said proposal along with the ACR were again remanded back to the College authorities for submission of the same afresh. He submits that today the College authorities have submitted a fresh proposal by rectifying the defects as noticed, hereinbefore. 10. The petitioner having been found by this Court to be eligible for being considered for promotion to the post of Sr. Assistant and his case having been already found to be suitable and recommended by the DPC of the College, the rectified proposal having now been submitted by the College authorities before the Director, this Court requires the Director to consider the same and issue appropriate order(s) towards promoting the petitioner within a period of 15 days from the date of receipt of a certified copy of this order. 11. In the event the petitioner is found to be not suitable for promotion, the Director, Higher Education, Assam, within a period of 15 days from the date of receipt of a certified copy of this order, shall issue to the petitioner a speaking order and therein, record specific reasons basing on which the petitioner was found to be not suitable for such promotion. 12. The timeline as set out by this Court be strictly adhered to by the Director, Higher Education, Assam and the matter be taken to its logical conclusion, as directed hereinabove. Page No.# 6/6 13. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant