Page No.# 1/5 GAHC010021522025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/616/2025 ABDUL KHALEK S/O LATE KHAIBAR ALI, R/O VILL AND P.O.-BAMUNBARI, DIST- NALBARI, ASSAM, PIN-781312 VERSUS THE STATE OF ASSAM AND 3 ORS THROUGH THE SECRETARY, SCHOOL EDUCATION DEPARTMENT, GOVT OF ASSAM, DISPUR, GUWAHATI-781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:THE INSPECTOR OF SCHOOLS NALBARI DISTRICT CIRCLE NALBARI P.O. P.S. AND DIST- NALBARI ASSAM PIN-781335 4:SYED MABIDUR RAHMAN S/O LATE HAFIZ AHMED R/O VILL AND P.O.-BAMUNBARI DIST- NALBARI ASSAM PIN-78131 Advocate for the Petitioner : MR. I H SAIKIA, MR K KASHYAB,MR. K KALITA Advocate for the Respondent : SC, SEC. EDU., MR. A. GAYAN (FOR CAVEATOR),MR. P K MUNIR (FOR CAVEATOR) Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 06.02.2025 1. Heard Mr. I.H. Saikia, learned counsel for the petitioner, who submits that the petitioner has been holding the post of Headmaster on an In-charge basis, in terms of the order dated 16.11.2023 passed by the Director of Secondary Education. He submits that while the petitioner was holding the charge of Headmaster, the Director of Secondary Education has issued the impugned order dated 30.01.2025, directing that the charge of Headmaster of the Bamunbari High School should be given to the respondent no.4 as per the provisions of FR 49(C), as the petitioner has been relieved by the said order, and as the respondent no.4 has been acquitted in the criminal case filed against the respondent no.4. 2. Mr. B. Kaushik, learned counsel for the Secondary Education Department and Mr. P.K. Munir, learned counsel for the respondent no.4 (Caveator) submit that the petitioner was given conditional charge of the post of Headmaster of Bamunbari High School. They submit that in terms of the order dated 16.11.2023 and the records of the State respondents, the respondent no.4 was the senior-most Assistant Teacher of the school, while the petitioner was the 3rd senior-most Assistant Teacher of the school. The post of In-charge Headmaster was not given to the respondent no.4 during the relevant period of time, when the petitioner was given charge of the said post, in view of the fact that a criminal case, i.e. C.R. Case No.90/2022, was pending against the respondent Page No.# 3/5 no.4. 3. The second senior-most Assistant Teacher, namely, Md. Mainul Saikia was also not made to hold the charge of Headmaster, as he was also having a criminal case pending against him. As the respondent no.4 was acquitted in the criminal case, the respondent no.4 has now been rightly given the charge of the Headmaster of the Bamunbari High School. 4. I have heard the learned counsels for the parties. 5. A perusal of the order dated 16.11.2023, by which the petitioner has been given the charge of Headmaster of Bamunbari High School, shows that the petitioner was the 3rd senior-most Assistant Teacher of the school, while the respondent no.4 was the senior-most teacher of the school. The order dated 16.11.2023 also shows that the petitioner would hold the charge of Headmaster, till the respondent no.4 was acquitted in the criminal case. The extract of the order dated 16.11.2023 issued by the Director of Secondary Education is reproduced hereinbelow, as follows : “On the other hand, Md. Abdul Khalek, B.Sc., B.Ed. (on deputation), 3rd senior Assistant Teacher with date of receiving Graduate Scale of Pay 01.01.2013 is found eligible for holding the charge of Headmaster of Bamunbari High School as on date. The seniority of Mobidur Rahman in the Bamunbari High School cannot be denied but due to pending of judicial proceedings against him before the Hon'ble Court of CJM, Nalbari, he may not be placed as in-charge Headmaster of the School. However, on acquittal, Mobidur Rahamn, B.Sc., B.Ed., Assistant Teacher may be allowed to hold the charge of Headmaster of the School. Page No.# 4/5 Now, in the interest of public service and for smooth conduct of the School administration, Md. Abdul Khalek, B.Sc., B.Ed. (on deputation), 3rd senior Assistant Teacher of Bamunbari High School under Nalbari District is hereby temporarily allowed to hold the charge of Headmaster of the same School, in addition to his normal duties as Assistant Teacher in the School alongwith financial power as per provision of FR 49(c) to draw and disburse salary etc., of the staff of the School vice the Inspector of Schools, Nalbari relieved. This cancels this office earlier order No. GB-EST/Apptt/FP/3/2018/337, dtd. 02.09.2023.” As is evident from the above extract of the order dated 16.11.2023, the petitioner is a teacher on deputation, while the respondent no.4 is a regular teacher of the school. 6. The impugned order dated 30.01.2025 issued by the Director of Secondary Education shows that the respondent no.4 has been acquitted in the criminal case filed against him and as he is the senior-most teacher of the school, he has been made to hold the charge of Headmaster in place of the petitioner, whose appointment as In-charge Headmaster was conditional. The contents of the impugned order dated 30.01.2025 is reproduced hereinbelow as follows : “ORDER Perused the order issued from this Directorate allowing Abdul Khalek to hold the charge of Headmaster of Bamunbari High School vide order No. GB- EST/APPTT/PP/3/2018/356 dated 16/11/2023 whereby it is mentioned that- " “....The seniority of Mobidur Rahman in the Bamunbarl High School cannot be denied but due to pending of judicial proceedings against him before the Hon'ble Court of CJM, Nalbari, he may not be placed as in-charge Headmaster of the school. However, on acquittal, Mobidur Rahman, B.Sc., B.Ed., Assistant Teacher may be allowed to hold the charge of Headmaster of the school." Page No.# 5/5 Perused the report submitted by the Inspector of Schools, N.D.C., Nalbari vide letter No. IS/NDC/EST-3/09/2023/3143 dated 21/10/2024 wherein he stated that the judicial proceedings pending before the Hon'ble Judicial Magistrate Court, Nalbari against Syed Mabidur Rahman is disposed. The Additional Chief Judicial Magistrate, Nalbari vide order dated 22-08-2024 dismissed the complaint case filed against Syed Mabidur Rahman. Based on the above facts and considering the seniority, Syed Mabidur Rahman, B.Sc., B.Ed., Assistant Teacher of Bamumbori High School is hereby allowed to hold the charge of Headmaster of the school alongwith financial power to draw and disburse the salary etc. of the staff of the school in addition to his normal duties as Assistant Teacher as per the provision of F.R. 49(C) vice Abdul Khalek relieved. This is purely temporary arrangement and comes into force with immediate effect.” 7. On considering the fact that the petitioner’s appointment as In-charge Headmaster was conditional to the outcome of the criminal case filed against the respondent no.4, this Court does not find any infirmity with the State respondents giving charge of the post of Headmaster to the respondent no.4, as the respondent no.4 was acquitted in the criminal case filed against the respondent no.4. Further, the documents show that the petitioner is a teacher on deputation to the school, while the respondent no.4 is a regular teacher of the school. 8. The writ petition is accordingly dismissed. JUDGE Comparing Assistant