Page No.# 1/3 GAHC010014022025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/379/2025 ASHUTOSH DAS S/O- LATE GOPENDRA DAS, R/O- VILL.- KALINAGAR, P.O. KALINAGAR PART-II, P.S. PANCHGRAM, DIST. HAILAKANDI, ASSAM, PIN-788801. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6. 2:THE DIRECTOR SECONDARY EDUCATION KAHILIPARA ASSAM GUWAHATI-19. 3:THE DISTRICT LEVEL PROMOTION COMMITTEE REPRESENTED BY ITS CHAIRMAN CUM ADDITIONAL DEPUTY COMMISSIONER (EDN) HAILAKANDI DIST. HAILAKANDI ASSAM 4:THE INSPECTOR OF SCHOOLS H.D.C. HAILAKANDI DISTRICT HAILAKANDI ASSAM 5:THE PRINCIPAL JANAKI CHARAN HIGHER SECONDARY SCHOOL HAILAKANDI P.O. KALINAGAR DIST. HAILAKANDI Page No.# 2/3 ASSA Advocate for the Petitioner : MR. J I BORBHUIYA, MR. L MOHAN,MR A HOSSAIN Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 29.01.2025 1. Heard Mr. J.I.Borbhuiya, learned counsel for the petitioner, who submits that the petitioner is a Grade-IV employee in Janaki Saran Higher Secondary School, Kalinagar, Hailakandi and after rendering his service in his original post, the petitioner was allowed to perform the duties of Junior Assistant in the resultant vacancy in the school, since 2011. 2. The petitioner’s counsel submits that in terms of Rule 5 (2) of the Assam Secondary Education (Provincialised Schools) Service, Rules 2018 (hereinafter referred to as ‘2018 Rules’) and the Assam Secondary Education (Provincialised Schools) Service (fourth Amendment) Rules, 2024, the petitioner is eligible for promotion to the post of Junior Assistant. He accordingly submits that as there is a vacancy in the post of Junior Assistant in the Janaki Saran Higher Secondary School, Kalinagar, Hailakandi, the petitioner should be considered for promotion to the said post. 3. Mr. B.Kaushik, learned counsel for the Secondary Education Department submits that as and when the process for promotion to the post of Junior Assistant is initiated, the petitioner would be considered for promotion, so long as he comes within the zone of consideration and is eligible as per 2018 Rules and its amendments. 4. I have heard the learned counsels for the parties. 5. In view of the submissions made by the learned counsel for the Secondary Education Department, it is directed that as and when the promotion process is initiated for filling up the vacant post of Junior Assistant, the petitioner should be considered, if he comes within the consideration zone and is having all the Page No.# 3/3 eligibility criteria as per the relevant Rules. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant