Page No.# 1/8 GAHC010033722026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./55/2026 HITESWAR SARMAH PERMANENT RESIDENT OF SARUPATHAR TOWN, DISTRICT -GOLAGHAT, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION SECONDARY DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE SECRETARY SECONDARY EDUCATION DEPARTMENT KAAC DIPHU 3:THE ADDL. DIRECTOR OF EDUCATION KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG. 4:THE INSPECTOR OF SCHOOLS KARBI ANGLONG DISTRICT CIRCLE DIPH Advocate for the Petitioner : MR SAURAV KUMAR KASHYAP, MR. M K SARMAH,MR. S B PRASAD,MR S.K. KASHYAP Advocate for the Respondent : MR. J CHUTIA, SC, KAAC, MS. H TERANGPI, SC, SCHOOL EDUCATION ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27.07.2026 Heard Mr. M. K. Sarma, learned counsel, appearing for Page No.# 2/8 the petitioner. Also heard Ms. S. Kemprai, learned Standing Counsel, Karbi Anglong Autonomous Counsel (KAAC), appearing for the respondent nos.2, 3 and 4. 2. The petitioner by way of instituting the present review petition has prayed for a review of the order dated 03.01.2025 passed by this Court in WP(C).No.7045/2024. 3. The petitioner, herein, by way of instituting WP(C).No.7045/2024, had presented a challenge to a stipulation made in an advertisement dated 25.11.2024, issued by the Inspector of School , Karbi Anglong District Circle, Diphu, for recruitment to the post of Principal of a Higher Secondary School, falling within his jurisdiction, to the effect that only permanent residents of the areas falling within the administrative jurisdiction of KAAC, would be eligible to apply in pursuance to the said advertisement. During the pendency of the said writ petition the authorities of the KAAC, had issued a corrigendum omitting the stipulation made in the said advertisement to the effect that only permanent residents falling within the administrative jurisdiction of the KAAC, would be eligible to apply in pursuance to the advertisement, thereof. Page No.# 3/8 The petitioner in the said writ petition had expressed a desire to apply for the post of Principal, and had projected that he was at the relevant point of time working as a Graduate Teacher in Bokajan Higher Secondary School. 4. It was projected that the petitioner had the requisite teaching experience as a Graduate Teacher in a Higher Secondary School, for being considered for recruitment against the post of Principal in accordance with the provisions of Rule 12 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018. 5. This Court having found that the petitioner had joined against a Higher Secondary School, on his transfer to Bokajan Higher Secondary School only on 17.08.2012, applying the provisions of sub Rule (3) of Rule 12 of the said Rules of 2018, the petitioner not having the requisite teaching experience of 17 (seventeen) years in a Higher Secondary School, this Court vide the order dated 03.01.2025, had held the petitioner, to be not qualified for recruitment as a Principal in a provincialised Higher Secondary Schools of the State. Accordingly, the said writ petition was dismissed. 6. The petitioner in the present review petition has submitted that the Rules of 2018, more particularly, the provisions of Page No.# 4/8 Rules 12 (3) (iv) thereof, was amended vide the Assam Secondary Education (Provincialised Schools) (Amendment) Service Rules, 2021. It was submitted that in terms of the amended, provisions of Rule12 (3) (iv), a candidate for recruitment against the post of Principal, was required to have atleast 17 (seventeen) years of teaching experience as a Graduate Teacher in any High School/High Madrassa School/Higher Secondary School/Higher Secondary or Multi purpose School or in a combination of such schools. 7. The petitioner in the present Review Petition has further projected that the petitioner having discharged duties in a High School, pursuant to his transfer and posting to Hidipi High School, vide an order dated 10.05.2007, and he having continued, therein, till his transfer and posting to Bokajan Higher Secondary School, was effected vide order dated 17.08.2012, the petitioner had acquired the requisite teaching experience for being considered for recruitment against the post of Principal. 8. Mr. M. K. Sarma, learned counsel, for the petitioner has reiterated the contentions noticed, hereinabove, made in the review petition. Mr. Sarma, on the basis of the said contentions has submitted that the present order would mandate to be recalled on being reviewed. Page No.# 5/8 9. Ms. S. Kemprai, learned Standing Counsel, KAAC, has submitted that the petitioner’s initial appointment was in a Upper Primary School. She submits that the petitioner being a member of the Upper Primary School, cannot be considered to be eligible for being recruited against the post of Principal in a provincialised Higher Secondary School of the State. She submits that the fact as to whether the petitioner on his transfer had discharged duties in Hidipi High School, has not been ascertained. Accordingly, she submits that the petitioner cannot be held to have satisfied the requisite eligibility criteria, more particularly, the teaching experience mandated under the provisions of Rule 12 (3) (iv) of the said Rules of 2018, as amended. Accordingly, she submits that the present review petition would not mandate an acceptance and the same be dismissed. 10. I have heard the learned counsel for the parties and perused the materials available on record. 11. This Court vide order dated 03.01.2025, had considered the eligibility of the petitioner in accordance with the provisions of Rule 12 (3) (iv) of the Rules of 2018, as it originally stood. The Rule 12 (3) (iv) of the Rules of 2018, mandated that a candidate desirous for recruitment to the post of Principal in a provincialised Higher Secondary School, must have 17 (seventeen) years of teaching Page No.# 6/8 experience as a Graduate Teacher in any Higher Secondary School. The petitioner admittedly did not have the said 17 (seventeen) years of teaching experience on the date this Court had passed the order dated 03.01.2025, inasmuch as, it was found that the petitioner had joined the services of Bokajan Higher Secondary School, Karbi Anglong, on his transfer, only on 17.08.2012. This Court was not apprised at that point of time, that the provisions of Rules 12 (3) (iv) of the Rules of 2018, had undergone an amendment. The provisions of Rules 12 (3) (iv) of the Rules of 2018, was amended by the Assam Secondary Education (Provincialised Schools) (Amendment) Service Rules, 2021. The provisions of Rules 12 (3) (iv) of the Rules of 2018, prior to its amendment read as follows; “12. Recruitment to Principal and procedure thereof:- (1) The posts of the Principal in provincialised Higher Secondary Schools shall be filled up by direct recruitment from the candidates amongst the cadre of Post Graduate Teachers of Senior Secondary and Higher Secondary School and Graduate Teachers of Higher Secondary School as per procedure under sub-rule (5). …………………………………………………………………………………. (3) The minimum qualifications for appointment to the post of Principal in Higher Secondary School and Senior Secondary School shall be as follows:- ……………………………………………………………………………….. (iv) The candidate must have 17 years of teaching experience as Graduate Teacher in any Higher Secondary School; …………………………………………………………………………….” Page No.# 7/8 12. The provisions of the Rule 12 (3) (iv) was amended vide the Assam Secondary Education (Provincialised Schools) (Amendment) Rules, 2021. In pursuance to the said amendment the provisions of sub clause (iv) of Clause (3) of Rule 12, reads as follows; “(iv) The candidate must have rendered at least 17 years of teaching experience as Graduate Teacher in any High School/High Madrassa School/Higher Secondary School/Higher Secondary and Multipurpose School or in combination of such schools;" 13. A perusal of the provisions of Rules 12 (3) (iv), as it now stands, would go to reveal that a candidate having 17 (seventeen) years of teaching experience as a Graduate Teacher in any High School, High Madrassa School, Higher Secondary School, Higher Secondary and Multi Purpose School or in a combination of such schools, is also entitled to be considered for recruitment against the post of Principal. Accordingly, the petitioner, herein, having been projected to have worked in a high school on his transfer to Hidipi High School vide an order dated 16.05.2007, and thereafter, having worked in a Higher Secondary School i.e. Bokajan Higher Secondary School, w.e.f. 24.08.2012, this Court finds that the petitioner had satisfied the eligibility requirement with regard to teaching experience as provided for under the provisions of Rules 12 (3) (iv) of the Rules Page No.# 8/8 of 2018, as amended. 14. Accordingly, the petitioner is to be held to be eligible for being considered for appointment as a Principal in a provincialised Higher Secondary School as on date. 15. Accordingly, in view of the above discussion, this Court while passing the order dated 03.01.2025, having not considered the amended provisions of the Rules of 2018, more particularly the amendment so effected in the provisions of Rules 12 (3) (iv) thereof, an error apparent on the face of the order dated 03.01.2025, is found and accordingly the said order stands recalled. 16. With the above observations and directions, the present Review Petition stands disposed of. 17. Registry to list WP(C).No.7045/2024, again on 31.07.2026, for further hearing. JUDGE Comparing Assistant