Page No.# 1/3 GAHC010060072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1657/2025 MRS DIPA MONI DAS W/O SHRI PRAFULLA BORUAH, POST GRADUATE TEACHER, K.B. HIGHER SECONDARY SCHOOL, DHING, NAGAON, R/O VILL AND P.O. - SENSUWA, NEAR - SANDIPANI VIDYA MANDIR, DISTRICT- NAGAON, ASSAM, PIN- 782002 VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION DEPARTMENT), ASSAM (CIVIL) SECRETARIAT, BLOCK-C, DISPUR, GUWAHATI, ASSAM, PIN-781006 2:THE DIRECTOR OF SECONDARY EDUICATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN-781019 3:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE NAGAON ASSA Advocate for the Petitioner : MR. B PURKAYASTHA, J.P. BARUAH Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 09.05.2025 Heard Shri B Purkayastha, learned counsel for the petitioner. Also heard Ms. D Musahary, learned Standing Counsel, Secondary Education Department, Assam for the respondents. 2. Considering the subject matter involved and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the admission stage. 3. As per the facts projected, the petitioner claims to be the Senior Most Post Graduate Teacher of the KB Higher Secondary School, Dhing (School) in the district of Nagaon. It is contended that the post of Principal of the School has fallen vacant and in this regard, the In-charge Principal, vide the communication dated 06.01.2025 had given the seniority list of the Teachers to the Director of Secondary Education, Assam. Subsequently, the Inspector of Schools, Nagaon District Circle, vide communication dated 16.01.2025 had forwarded the seniority list of the Teachers of the concerned School. He has also informed that so far as the incumbent who was the senior most in the said list is concerned, the said incumbent has expressed his unwillingness to take the charge of the post of the Principal due to personal reason. The Inspector of Schools, NDC accordingly requested to allow the senior most teacher to hold the charge of the post of Principal as per the list enclosed. 5. The learned counsel for the petitioner has submitted that he is the senior most and eligible to hold the post of Principal of the School and therefore, the proposal is to be acted upon and he be given the charge of the post of Principal of the School. 6. On the other hand, while Ms. Musahary, learned Standing Counsel has submitted Page No.# 3/3 that the proposal in principle may not be acted upon, as the seniority list would itself reflect that there is one more incumbent above the petitioner. 7. In his rejoinder, the learned counsel for the petitioner has submitted that though as a matter of fact, there is an incumbent above the petitioner, the remarks in the seniority list would show that the said incumbent is not eligible. 8. Without even going into the aforesaid aspect of the matter of eligibility which would be best determined by the authorities, the instant writ petition is disposed of with a direction that the Director of Secondary Education shall take on board the proposal dated 16.01.2025 issued by the Inspector of Schools, NDC and bring the aspect of appointing an In-charge Principal of the School in question to a logical conclusion. The same may be done within a period of 45 days from the date of receipt of a certified copy of this order. 9. It is needless to say that the aforesaid process is to be completed strictly in accordance with law. JUDGE Comparing Assistant