Page No.# 1/8 GAHC010176722026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5339/2025 SURENDRA PRASAD GUPTA AND 6 ORS. S/O LATE BINDHYACHAL PRASAD GUPTA R/O N.S.C.B HOJAI WARD NO. 13 P.S.- HOJAI DIST- HOJAI ASSAM 2: ANUP MUKHERJEE S/O LATE AMARENDRA NATH MUKHERJEE R/O NORTH LUMDING LANKA ROAD P.O. AND P.S.- LUMDING DIST- NAGAON ASSAM 3: BISWAJIT DUTTA S/O LATE HARIPADA DUTTA R/O GOBINDAPALLY WARD NO. 6 HOJAI TOWN P.O. P.S. AND DIST- HOJAI ASSAM 4: SMT. SALAM MEMI DEVI W/O SRI MAHESH SINHA R/O VILL- NARAYANPUR P.O.- PAHAR P.S.- LANKA DIST- NAGAON ASSAM Page No.# 2/8 5: TANDON SINGHA S/O LATE SAHAMU SINGHA R/O MATIKHOLA GOCHARA P.O. AND P.S. AND DIST- HOJAI 6: SUPDIB DEB ROY S/O LATE AJIT KUMAR DEB ROY R/O MISTRIPATTY WARD NO. 6 P.O. AND P.S.- LUMDING DIST- HOJAI 7: DULAL CHANDRA DAS S/O LATE BHUBAN DAS R/O VILL- HIRA BASTI P.O.- BORBOHA P.S. AND DIST- HOJAI ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE INSPECTOR OF SCHOOLS HOJAI DISTRICT HOJAI ASSAM ------------ Advocate for : MR. P J SAIKIA SR. ADV Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS. Page No.# 3/8 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 03/09/2026 Heard Ms. M Nirola, learned counsel for the petitioners and Mr. P P Dutta, learned Standing counsel, Department of School Education. 2. The petitioners by way of instituting the present writ petition have assailed a Gradation List of Graduate Teachers, published vide order dated 18.03.2025, on the ground that the petitioners, although, eligible for being included in the said Gradation List, were excluded there from and no reason for the purpose, was so assigned. The petitioners have further prayed for their inclusion in the Final Gradation List of Graduate Teachers for the District of Hojai, for consideration of their cases for promotion to the vacant posts of Headmaster/Headmistress available in the said District. 3. The petitioners in the present writ petition have projected that in pursuance to an advertisement dated 28.12.1996, the petitioners had applied for the posts of Assistant Teacher (Graduate) in various High/Higher Secondary Schools. On the selection of the petitioners against the posts of Graduate Teacher, the petitioners were vide orders dated 27.03.2001, 27.03.2001, 28.03.2001, 28.03.2001, 28.03.2001, 30.03.2001 and 30.03.2001, respectively, appointed as Assistant Teachers (Graduate) on fixed pay basis. The petitioners, thereafter, were continued in their services. The petitioner Nos. 1, 2, 3, 4 & 7, herein, instituted WP(C) No. 5884/2016, praying, amongst others, for grant of regular scale of pay, w.e.f. the date of their respective joining. Page No.# 4/8 A Co-ordinate Bench of this Court vide order dated 28.08.2019, was pleased to dispose of the said writ petitions, directing the respondent authorities to examine the claim of the petitioners for grant of regular time scale of pay to the petitioners as has been directed to be given similar situated persons in terms of the directions of this Court in WA No. 233/2017, which, however, be subject to any order passed by the higher Judicial Forum in this regard, from the date of initial date of appointment. The State respondents, however, had assailed an order dated 16.12.2016 passed in WP(C) No. 763/2013, instituted by similarly situated persons, before the Division Bench of this Court, by way of instituting a writ appeal, being WA No. 24/2017. The writ appeal, however, was withdrawn with liberty to approach the Writ Court by way of filing a review petition. The review petition, having been filed, on a consideration, came to be dismissed. Thereafter, the State respondents had again approached the Division Bench of this Court, by way of instituting a writ appeal, being WA No. 233/2017. The said writ appeal was dismissed by the Division Bench, vide order dated 14.06.2019. In pursuance to the dismissal of the said writ appeal, being WA No. 233/2017, the respondent authorities issued a Notification dated 26.02.2021 and therein, authorized to the petitioners and other similarly situated persons the Graduate Scale of Pay. It was further stipulated in the said Notification dated 26.02.2021 that the petitioners, were being extended with the said scale of pay notionally w.e.f. the date of their respective joining in service. The petitioners now having been granted a notional fixation of their pay and allowances in the Graduate Scale of Pay from the date on which they were so appointed as Page No.# 5/8 Assistant Teacher (Graduate) on fixed pay basis, the period of service rendered by the petitioners w.e.f. their date of joining, which had occasioned in 2001, were contended to be required to be construed as service rendered as a Graduate Teacher. The petitioners have contended that they have the requisite eligibility criteria as mandated under the provisions of Rule 14 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018, for being considered for promotion to the vacant posts of Headmaster/Headmistress, available in provincialised High Schools in the district of Hojai. The petitioners further contend that in a provisional Gradation List of Graduate Teachers, published on 22.11.2023, the names of the petitioner Nos. 1 to 6 figured, therein, however, the name of the petitioner No. 7 was not included. Thereafter, a further provisional Gradation List was published on 18.03.2025 for the district of Hojai. However, therein, the names of the petitioners were not included. The names of the petitioner being excluded from the Gradation List, so prepared for the purpose of considering the cases of eligible Graduate Teachers for promotion to the cadre of Headmaster/Headmistress, the petitioners have instituted the present writ petition. 4. I have heard the learned counsel for the parties and also perused the materials available on record. 5. It is an admitted position that the petitioners, herein, were initially appointed as Assistant Teachers (Graduate) on a fixed pay basis, in pursuance to a process of selection. Thereafter, in terms of the directions passed by this Court, requiring, the respondent authorities to authorize to the petitioners their pay and allowances in the Graduate Scale of pay w.e.f. the date they had joined Page No.# 6/8 their respective services as Assistant Teachers (Graduate) on fixed pay basis, the Government of Assam in the Secondary Education Department, vide Notification dated 26.02.2021, had authorized to the petitioners’ their pay and allowances in the regular time scale of pay as per the ROP Rules, holding the field. Such authorization of time scale of pay was so made effective notionally w.e.f. the date the petitioners had joined their respective services as an Assistant Teacher (Graduate) on fixed pay basis, way back in the year 2001. 6. The manner in which recruitment to the posts of Headmaster/Headmistress is to be effected is set out in the provisions of Rule 14 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018. In terms of the provisions of Rule 14(2)(b), a teacher for being considered for promotion to the post of Headmaster/Headmistress must have at least 10 years of teaching experience as a Graduate Teacher. 7. The petitioners in the present writ petition, having now been authorized Graduate Scale of Pay, albeit, notionally w.e.f. 2001, the period of service rendered by the petitioners w.e.f. their initial date of appointment as Assistant Teachers (Graduate) on fixed pay basis, would be now required to be construed to have been so rendered as a Graduate Teacher and accordingly, the petitioners are found to have satisfied the requisite eligibility criteria of having 10 years teaching experience as a Graduate Teacher for the purpose of being considered for promotion to the posts of Headmaster/Headmistress. 8. It is also to be noted that in terms of the proviso to Rule 14(1), the seniority of a Graduate Teacher is determined from the date of receipt of Graduate Scale of Pay by such teacher. The procedure prescribed for promotion against the vacant posts of Headmaster/Headmistress available in provincialised Page No.# 7/8 High Schools of a District, mandates the preparation of a District-Wise-Seniority list of all Graduate Teachers working in provincialised Secondary Schools, in the district concerned. The respondent authorities have prepared a final list in this connection and had included therein, the names of the Graduate Teachers and the said list was published vide a Notification dated 18.03.2025. However, the names of the petitioners have not been included in the said list, although, therein, names of Graduate Teachers drawing Graduate Scale of Pay after 2001, has also been included. 9. In view of the above discussion, the petitioners, herein, being found by this Court to be included within the term “Graduate Teachers” w.e.f. 2001, in pursuance to the issuance of the Notification dated 26.02.2021, authorizing to them their pay and allowances in the time scale of pay, prescribed for Graduate Teachers in a High School and the same being so authorized to the petitioners notionally w.e.f. the date of their joining as Assistant Teachers (Graduate), this Court is of the considered view that the petitioners are also eligible to be included at the appropriate place in the Final Gradation List of Graduate Teachers, as published vide Notification dated 18.03.2025. 10. Accordingly, the Director of Secondary Education, Assam and the Inspector of Schools, Hojai are directed to incorporate the names of the petitioners, herein, at the appropriate place, reckoning the date of their initial joining in service as an Assistant Teacher (Graduate) on fixed pay basis and thereafter, to publish a revised Final Gradation List. 11. At this stage, it is to be noticed that, this Court vide order dated 15.09.2025, had recorded the submissions of the learned Standing counsel for the Secondary Education Department, to the effect that the process of Page No.# 8/8 recruitment against the posts of Headmaster/Headmistress was halted. Further, this Court vide order dated 25.09.2026, had directed for maintenance of status quo in the matter. Accordingly, it is submitted by the parties, that all the vacant posts of Headmaster/Headmistress, available in the district of Hojai, have not been filled up. 12. In view of the said position, it is directed that the process for filling up of the vacant posts of Headmaster/Headmistress, in various Secondary Schools in the district of Hojai, be now proceeded with only after a fresh Gradation List is so published, incorporating, therein, the names of the petitioners, in terms of the directions passed hereinabove. 13. It is further clarified that the promotional exercise shall be carried out, strictly in accordance with the provisions of Rule 14 of the Rules of 2018 and the directions passed by this Court for inclusion of the petitioners’ name in the Gradation List shall not be construed to be a direction for promotion of the petitioners and the petitioners shall be entitled for such promotion only by virtue of their seniority in the Gradation List. 14. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant