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2025 DAILYLAW 3855 (GAU)

DEBASISH DEB MAZUMDAR v. THE STATE OF ASSAM AND 2 ORS

WP(C)/6893/2025 · 2026-08-27

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010264022025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6893/2025 DEBASISH DEB MAZUMDAR S/O LATE KAMENDRA DEB MAZUMDAR, RESIDENT OF VILL. CLUB ROAD, SILCHAR, OPP. TO CENTRAL BANK OF INDIA, P.O. SILCHAR, DIST. CACHAR,ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GHY-06. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE INSPECTOR OF SCHOOLS CDC CACHAR AT SILCHAR-01 P.O. AND DIST.- CACHAR ASSA Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR A K DAS Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 28.08.2026 Heard Mr. M. Khan, learned counsel appearing for the petitioner and also heard Mr. H. Terangpi, learned standing counsel, Secondary Education Department, appearing for the respondents. 2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is seeking direction to the respondents, more particularly the respondent No. 3 to hold DPC meeting as early as possible for promotion of Grade-IV employee to the post of Junior Assistant/Grade-III in provincialized High/Higher Secondary Schools and to finalize the process of promotion. 3. The brief facts of the case are that the petitioner, while serving as a Grade-IV employee in D.N.N.K. Girls Higher Secondary School, Silchar, submitted a representation before the Inspector of Schools, Silchar, seeking his promotion to the post of Grade-III/Junior Assistant, claiming eligibility in terms of the Assam Secondary Education (Provincialized Schools) Service (Amended) Rules, 2024. As the process of consideration of his claim has not yet been finalized, the present writ petition has been filed. 4. It is submitted at the bar that the Government has subsequently amended the existing provision governing promotion to 5% of the total sanctioned posts of Junior Assistant from amongst the Grade-IV employees of different provincialized Secondary Schools, as provided under Rule 5(2) of the Assam Secondary Education (Provincialized Page No.# 3/4 Schools) Service Rules, 2018, by introducing a new set of rules/norms/criteria under the Assam Secondary Education (Provincialized Schools) (Amendment) Service Rules, 2026. 5. By placing before this Court the order dated 05.08.2026, issued by the Director of Secondary Education to the Inspector of Schools, Ms. Terangpi, learned Standing Counsel for the Secondary Education Department, submits that the Inspectors of Schools, being the appointing authorities, have been requested to initiate necessary steps for preparation of district-wise separate roster registers for 5% promotional posts of Junior Assistant under their respective jurisdictions and to obtain Government approval thereof, including constitution of the District Promotion Committee (DPC), if not already constituted. Ms. Terangpi further submits that the entire process for completing the promotion is likely to be completed within a period of three months. 6. Having regard to the nature of the relief sought in the present writ petition, which is essentially for expeditious convening of the DPC and completion of the process of promotion, this Court, in the interest of justice, deems it appropriate to dispose of the writ petition with a direction to the respondents to take all necessary steps for convening the DPC at the earliest for consideration of promotion of eligible Grade-IV employees to the post of Junior Assistant/Grade-III in the provincialized High/Higher Secondary Schools and to complete the process of promotion preferably within a period of four months from the date of receipt of a certified copy of this order. 7. The aforesaid instruction/order dated 05.08.2026 is taken on Page No.# 4/4 record and marked as “Flag-X”. 8. In terms of the above, the writ petition stands disposed of. JUDGE Comparing Assistant