Page No.# 1/7 GAHC010146522026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3756/2026 SMTI DIPALEE BORAH AND 6 ORS. W/O MANTU HAZARIKA, QUALIFICATION MA, B ED, POST GRADUATE TEACHER CUM IN CHARGE PRINCIPAL, WEF 25 03 2022, CHATIA SENIOR SECONDARY SCHOOL, BISWANATH, R/O VILL NIZ CHATIA, PO SOOTEA, DIST SONITPUR, ASSAM, PIN 784175 2: SRI ANANTA HAZARIKA S/O BHOLA HAZARIKA QUALIFICATION MA B ED POST GRADUATE TEACHER CUM PRINCIPAL IC WEF 29 04 2023 JYOTI AGARWAL HIGHER SECONDARY SCHOOL BISWANATH RO 1 NO SAKALA GOHPUR RAJA BARI PO GOHPUR DIST SONITPUR ASSAM PIN 784168 3: SRI CHENI CHANDRA BHUYAN S/O NIRMAL BHUYAN QUALIFICATION MA B ED ASSISTANT TEACHER CUM PRINCIPAL IC WEF 17 02 2022 DUBIA HIGHER SECONDARY SCHOOL BISWANATH RO KUMAR KATA MIKIR BARA CHOWK PO KALABARI DIST SONITPUR Page No.# 2/7 ASSAM PIN 784178 4: SMT RINA BASUMATARY D/O MAHENDRA BORO QUALIFICATION MA B ED ASSISTANT TEACHER CUM PRINCIPAL IC WEF 25 08 2022 BHAKTAPARA HIGHER SECONDARY SCHOOL DARRANG ASSAM 784190 RO KACHARIPARA PO BHAKTAPARA PS KALIGAON DIST UDALGURI ASSAM PIN 784190 5: SAMSUL HOUQUE S/O NAZIBUDDIN AHMED QUALIFICATION MA B ED ASSISTANT TEACHER CUM PRINCIPAL IC WEF 30 01 2021 BECHIMARI HIGHER SECONDARY SCHOOL DARRANG ASSAM PIN 784190 RO NIMATI TO KAGJANI ROAD KHATESWAR NIMATI GHANSIMALU DIST UDALGURI ASSAM PIN 784190 6: SMTI HIMADRI DUTTA W/O LATE HITEN SARMA POST GRADUATE TEACHER EDUCATION PATHSALA SENIOR SECONDARY SCHOOL BARPETA RO VILL TIHU TOWN WARD NO 1 TIHU FEDER PATH DIST NALBARI ASSAM Page No.# 3/7 PIN 781371 7: SRI MUNINDRA KUMAR DAS SO LATE TARANI CHANDRA DAS VICE PRINCIPAL BAGHMARA HIGHER SECONDARY SCHOOL BAJALI RO VILL MAJARMAKHA PO BAGHMARA BAZAAR DIST BAJALI PIN 781328 ALL THE PETITIONERS HAVE COMMON ADDRESS OF C/O SMTI. HIMADRI DUTTA R/O VILL- TIHU TOWN WARD NO. 1 TIHU FEDER PATH DIST. NALBARI ASSAM PIN-78137 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, SECONDARY EDUCATION DEPARTMENT, ASSAM CIVIL SECRETARIAT, BLOCK C, DISPUR, GHY, ASSAM, PIN 781006 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GHY ASSAM PIN 781019 3:THE INSPECTOR OF SCHOOLS CUM MEMBER SECRETARY DISTRICT COMMITTEE BISWANATH DIST BISWANATH ASSAM PIN 781301 4:THE INSPECTOR OF SCHOOLS CUM MEMBER SECRETARY DISTRICT COMMITTEE DARRANG DIST DARRANG Page No.# 4/7 ASSA Advocate for the Petitioner : MR. B PURKAYASTHA, MR P BHATTACHARJYA Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 29.07 .2026 Heard Mr. B. Purkayastha, learned counsel for the petitioners. Also heard Ms. P. Das, learned Standing Counsel, Secondary Education. 2] The petitioner No.1 is presently serving as Post Graduate Teacher cum in- charge Principal of Chatia Senior Secondary School, Biswanath; petitioner No.2 is presently serving as Post Graduate Teacher cum in-charge Principal of Jyoti Agarwal Higher Secondary School, Biswanath; petitioner No.3 is presently serving as Assistant Teacher cum in-charge Principal of Dubia Higher Secondary School, Biswanath; petitioner No.4 is presently serving as Assistant Teacher cum Principal I/C of Bhaktapara Higher Secondary School, Darrang; petitioner No.5 is presently serving as Assistant Teacher cum Principal I/C of Bechimari Higher Secondary School, Darrang; petitioner No.6 is presently serving as Post Graduate Teacher, Education of Pathsala Senior Secondary School, Barpeta; and petitioner No.7 is presently serving as Vice Principal of Baghmara Higher Secondary School, Bajali. It is the submission of the learned counsel for the petitioners that for filling up the post of regular Principal, the procedure as prescribed under the Rule 12 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 is required to be followed. It is submitted that as Page No.# 5/7 per Rule 12 of the said Rules, the process is to be filled up by direct recruitment through issuance of a public advertisement and candidates in the cadre of post graduate teachers serving in Senior Secondary or Higher Secondary Schools are eligible to apply for the post pursuant to such an advertisement as claimed by the petitioners. 3] The learned counsel for the petitioners submits that the petitioners possess the requisite qualifications, eligibility, and teaching experience prescribed under Rule 12 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 for appointment to the post of Principal of Higher Secondary Schools. It is contended that although the said Rules came into force w.e.f. 10.10.2019, the State respondents failed to initiate any recruitment process until April 2026. During the intervening period several posts of Principals fell vacant and the petitioners Nos. 1 to 5 were entrusted with the duties of In- charge Principals with financial powers by the Director of Secondary Education, Assam. The learned counsel for the petitioners further submits that due to the respondents’ failure to comply with the mandatory provisions of Rule 12, particularly Rules 12(4) and 12(5), the petitioners have crossed the upper age limit of 57 years prescribed under Rule 12(3)(v), thereby suffering prejudice solely on account of the inaction of the State respondents.It is further submitted that the Department proceeded to fill up the post of regular Principal, by way of advertisement dated 30.05.2026 and 20.06.2026. It is the submission of the learned counsel for the petitioner that at the initial process for filling up the post for regular Principal initiated by the respondent authorities in terms of Rule 12 of the Rules, 2018, the petitioner would have been eligible in terms of the age prescription. However, since the initial process was wrongly initiated by the Page No.# 6/7 respondent authorities and subsequently, the process as prescribed under the Rules was initiated by publishing the aforesaid advertisements, the petitioner, by that time, had crossed the upper age limit prescribed under the Rule 12 (3) (v) of the Rules, 2018. It is submitted that although the petitioners had submitted their candidature, they have not received any response from the Department. It is also submitted that the appropriate Department in the Government is also considering the memorandum filed by the Assam Madhyamik Sikshak Aru Karmachari Sanstha (AMSKS) and the Higher Secondary Principal Forum, Assam, for relaxation of the upper age limit beyond 57 years. 4] The learned counsel for the petitioners submits that since the matter is presently under consideration by the Department, the petitioners may be allowed to file representations before the authorities ventilating their grievances regarding condonation of upper age limit of 57 years. Accordingly, learned counsel for the petitioners submits that the authorities may be directed to consider the claims of the petitioners and thereafter, pass appropriate order relaxing the upper age limit of the petitioners, thereby enabling them to present themselves as candidates eligible for the post of principal of the said school. It is submitted that the petitioners are presently holding the charge as the I/C Principal and Vice Principal of their respective schools and satisfies all other eligibility criteria. 5] Heard the learned counsel for the parties. 6] Considering the submissions made by the learned counsel for the parties, this Court is of the view that no specific order can be passed by this Court save Page No.# 7/7 and except to grant liberty to the petitioner to file a representation before the Authority/Department of School Education (Secondary Education), Government of Assam seeking condonation of the upper age limit. In respect of the selection process stated to have been undertaken pursuant to the advertisement dated 30.05.2026 & 20.06.2026. If the respondent Department undertakes any exercise for condonation of upper age limit in response to the memorandum submitted by the Assam Madhyamik Sikshak Aru Karmachari Sanstha (AMSKS) and the Higher Secondary Principal Forum, Assam, and if any order is passed thereon relaxing the upper age limit of the candidates which is 57 years then the authorities after due verification of the individual cases of each of the petitioners, the said benefits be extended to them. 7] Endeavour shall be made by the Department to examine the claims of the persons concerned prior to the completion of the exercise undertaken to fill up the post of Principal of the Higher Secondary Schools. 8] With the above observations this writ petition stands closed and disposed of. JUDGE Comparing Assistant