Page No.# 1/11 GAHC010081262026 2026:GAU-AS:10638 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2232/2026 A K DINARUL ISLAM BARBHUIYA S/O- LATE KABIR UDDIN BARBHUIYA. ASSISTANT TEACHER, M.A. B. ED, R. A. MEMORIAL HIGHER SECONDARY SCHOOL. R/O- VILLAGE- NICHANTAPUR. P.O. RAJNAGAR. DIST- CACHAR, ASSAM PIN-788026 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, GUWAHATI, ASSAM, PIN-781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN-781019. 3:THE INSPECTOR OF SCHOOLS C.D.C. CACHAR SILCHAR DISTRICT - CACHAR PIN 788001. 4:HASSAN AHMED BARBHUIYA I/C PRINCIPAL OF R.A. MEMORIAL HIGHER SECONDARY SCHOOL RAJNAGAR P.O.- RAJNAGAR DISTRICT- CACHAR ASSAM. PIN-788026 Page No.# 2/11 Advocate for the Petitioner : MR. N BORAH, MR. N H LASKAR Advocate for the Respondent : SC, SEC. EDU., MR. Z H BORA (R4),J A SIKDAR (R4),MR. S I TALUKDAR (R4),MR. A R SIKDAR (R4),MR N A MAZARBHUIYA (FOR CAVEATOR) BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 31/07/2026 Heard Mr. N Borah, learned counsel for the petitioner. Also heard Ms. H Terangpi, learned Standing counsel, Secondary Education Department and Mr. A R Sikdar, learned counsel, appearing for the respondent No. 4. 2. The petitioner in the present writ petition has presented a challenge to an order dated 12.02.2026, issued by the Director of Secondary Education, Assam, permitting the respondent No. 4, to hold the charge of the post of Headmaster in-charge of R.A. Memorial High School, on a vacancy arising against the said post. 3. It is projected in the writ petition that the petitioner was appointed as a Graduate Teacher in R.A. Memorial High School on 29.11.1993. The petitioner has further projected that after his such appointment, with due permission from the departmental authorities, the petitioner had pursued his B.Ed. Degree and also obtained his M.A. Degree in the year 1997 and 2013, respectively. The petitioner in view of his health condition, as prevailing at the relevant point of time, had vide a communication dated 01.04.2025, requested the Page No.# 3/11 jurisdictional Inspector of Schools not to include his name in the District Level Gradation List, prepared for recruitment against the vacant posts of Headmaster, as would be available in the District of Cachar. The petitioner projects that after the submission of the said application, he was granted Earned Leave, along with station leave permission for 25 (twenty five) days. It is projected that the petitioner during the said period, had received treatment for the ailments suffered by him and his health condition having considerably improved, he had proceeded to submit a representation dated 05.05.2025, withdrawing his earlier communication dated 01.04.2025. The petitioner has further projected that the incumbent in the post of Headmaster in-charge of R.A. Memorial High School, being slated to superannuate from his services w.e.f. 28.02.2026, the petitioner had approached the respondent authorities, praying for permitting him to hold the charge of the post of in- charge Headmaster/Principal, pending appointment of an incumbent on regular basis against the same. It is projected that in spite of the seniority of the petitioner in the said school, the Director of Secondary Education, Assam, vide order dated 12.02.2026, proceeded to allow the respondent No. 4, herein, to act as the Headmaster in-charge of the said school with financial powers. Being aggrieved, the petitioner has instituted the present writ petition. 4. Mr. Borah, learned counsel for the petitioner, by reiterating the facts noticed hereinabove, has submitted that the petitioner admittedly is the senior most Graduate Teacher, working in the said High School with all requisite qualifications for holding the post of Headmaster of a provincialised High School Page No.# 4/11 in the State. He submits that on account of the ailments suffered by him, the petitioner vide a communication dated 01.04.2025, had required the authorities not to include his name in the Seniority List of Graduate Teachers of Cachar District, for the purpose of recruitment to the post of Headmaster. He submits that the petitioner, on recovering from his ailments, had vide a representation dated 03.12.2025, withdrawn the earlier communication dated 01.04.2025. However, the same was not reckoned by the respondent authorities. 4.1 Mr. Borah, learned counsel for the petitioner submits that the incumbent in the post of Headmaster in the said school, being slated to proceed on retirement, w.e.f. 28.02.2026, the petitioner had submitted an application before the authorities for considering his case for appointment on in-charge basis. However, the respondent authorities, by reckoning the communication dated 01.04.2025, submitted by the petitioner, to exclude him from the Gradation List of Graduate Teachers, prepared for the purpose of promotion to the post of Headmaster in Cachar District, proceeded vide order dated 12.02.2026, to allow the respondent No. 4 to hold the charge of the post of Headmaster in the said school. He submits that the respondent No. 4, admittedly is Junior to the petitioner and accordingly, the case of the petitioner could not have been ignored, while considering the case of the respondent No. 4, for allowing him to hold the charge of the post of Headmaster of the said school. 4.2 In the above premises, Mr. Borah, learned counsel for the petitioner has submitted that the order dated 12.02.2026, would mandate an interference by this Court, with a further direction to the respondent authorities to allow the petitioner to hold the charge of the post of Headmaster of the school in Page No.# 5/11 question, till the said post is so filled up, after a regular process of selection. 5. Ms. Terangpi, learned Standing counsel, Secondary Education Department has submitted that the vacancy against the post of Headmaster of the school in question, being slated to arise, a seniority list of the Graduate Teachers working in the said school, was forwarded to the Director of Secondary Education, Assam, by the jurisdictional Inspector of Schools. 5.1 Ms. Terangpi, learned Standing counsel, Secondary Education Department submits that in the said seniority list, against the name of the petitioner, a remark was given to the effect that the petitioner had forgone his promotion to the post of Headmaster. She submits that the said remarks, being found to be recorded against the petitioner’s name in the seniority list, the Director of Secondary Education, had proceeded to issue the order dated 12.02.2026, allowing the next senior most person in the school, i.e., the respondent No. 4, herein, to function as the in-charge Headmaster of the school in question. She submits that the said engagement made with the respondent No. 4, as the Headmaster in-charge of the school, is a temporary arrangement and the respondent No. 4 shall be replaced on a regular incumbent being posted against the said post on conclusion of the selection process currently under way. Accordingly, she submits that the order dated 12.02.2026, would not mandate an interference from this Court. 6. Mr. Sikdar, learned counsel for the respondent No. 4 submits that the petitioner, vide communication dated 01.04.2025, having prayed before the authorities not to include his name in the District Gradation List of Graduate Teachers, so prepared for recruitment against the post of Headmaster available in the High Schools within the District of Cachar, the petitioner is to be deemed Page No.# 6/11 to have forgone his promotion to the post of Headmaster. 6.1 Mr. Sikdar, learned counsel for the respondent No. 4 submits that the petitioner having forgone his promotion to the post of Headmaster on regular basis, he would not be also considered to be so permitted to hold the charge of the vacant post of Headmaster in the school in question, inasmuch as, the said post is also within the purview of the selection process currently under way for recruitment against the post of Headmaster, in accordance with the provisions of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (hereinafter, referred to as the Rules of 2018), as amended. 6.2 Mr. Sikdar, learned counsel for the respondent No. 4, submits that the petitioner had subsequently vide a communication dated 05.05.2025, withdrawn his earlier letter dated 01.04.2025. Mr. Sikdar, submits that the petitioner, who had projected in the communication dated 01.04.2025 to be suffering from serious ailments, cannot within a period of 1 (one) month, be held to have fully recovered there from and accordingly, submits that the communication dated 05.05.2025, cannot be given any credence. 6.3 Mr. Sikdar, learned counsel for the respondent No. 4, further submits that in terms of the provisions of the said Rules of 2018, the process for preparation of the Gradation List of Graduate Teachers found eligible for recruitment to the post of Headmaster in the district of Cachar, has been completed, although, the said list has not been formally published. He submits that the petitioner’s name not having been included in the said list, he would not be entitled to be appointed against the post of Headmaster, in the school in question, which is also included in the purview of the said selection process. Accordingly, he submits that the petitioner cannot be held to have a claim for being appointed Page No.# 7/11 on in-charge basis against the post of Headmaster, as arising in the said school. 6.4 Mr. Sikdar, in support of his submissions has placed reliance in the following decisions of the Hon’ble Supreme Court in the cases of (i) Union of India and Another Vs. R. Swaminathan and Others, reported in (1997) 7 SCC 690 and (ii) H.S. Vankani and Others Vs. State of Gujarat and others, reported in (2010) 4 SCC 301. 7. I have heard the learned counsel for the parties and also perused the materials available on record. 8. The challenge by the petitioner to the order dated 12.02.2026, allowing the respondent No. 4 to hold the charge of post of Headmaster of R.A. Memorial High School is opposed by the learned Standing counsel, Secondary Education Department as well as the learned counsel for the respondent No. 4, by projecting that the petitioner had submitted an application on 01.04.2025, wherein, he had requested the authorities not to include his name in the Gradation List under preparation for the purpose of promotion to the post of Headmaster available in the District of Cachar. 9. It is projected that the petitioner, accordingly, was not considered in the regular selection process, presently underway and accordingly, he would not be eligible to be so considered for holding the charge of the post of Headmaster of the school, in question, on a vacancy arising therein, w.e.f. 28.02.2026. The above being the only ground on which, the claim of the petitioner is being resisted, this Court would confine the consideration in the present order to the said projections made by the learned counsel for the respondents. 10. It is an fact that the petitioner vide a communication dated 01.04.2025, Page No.# 8/11 had on account of the ailments suffered by him, made a request to exclude his name from the District Level Gradation List of Graduate Teachers, being prepared for promotion to the vacant posts of Headmaster, available in provincialised Secondary Schools in the district of Cachar. 11. It is seen that proximate to the time of making of the said application, the petitioner was allowed to proceed on leave on medical grounds, with station leave permission. The petitioner on conclusion of his leave and after having rejoined, as projected by the learned counsel for the petitioner, the health of the petitioner improving, the petitioner vide a communication dated 05.05.2025, had proceeded to withdraw the said communication dated 01.04.2025, with a further request for inclusion of his name in the District Level Gradation List for promotion to the post of Headmaster. The said representation made by the petitioner on 05.05.2025, is not disputed by the learned counsel for the respondent No. 4. The learned counsel for the respondent No. 4, has only projected that given the tenor of the ailments as highlighted in the communication dated 01.04.2025, the petitioner could not be expected to have recovered fully by 05.05.2025. The said projection, in the considered view of this Court, would not be tenable. 12. The said projection of the respondent No. 4, further affirms that the petitioner had in fact withdrawn his earlier communication dated 01.04.2025. The withdrawal of the said communication dated 01.04.2025, would mandate a consideration as to whether the name of the petitioner would be permissible to be included in the District Gradation List under preparation for recruitment against the posts of Headmaster, lying vacant in the District of Cachar. However, the said issue not arising for consideration in the present proceedings, no Page No.# 9/11 opinion, thereon, is rendered by this Court. 13. The post of Headmaster in the said school, being slated to become vacant w.e.f. 28.02.2026, on the incumbent therein, proceeding on retirement on reaching the age of superannuation, the petitioner had moved before the respondent authorities, praying for allowing him to hold the charge of the post of Headmaster, till the same is so filled up on regular basis. 14. It is seen from the materials brought on record that the jurisdictional Inspector of Schools had forwarded a list of eligible teachers of the school to the Director of Secondary Education, Assam, for the purpose of assigning to anyone of them the charge of the post of Headmaster. In the said list against the name of the petitioner, it is found that a remark was made to the effect that he had forgone his claim for regular promotion. Accordingly, basing on the said projection made, the Director of Secondary Education, vide the order dated 12.02.2026, proceeded to permit the respondent No. 4 to hold the charge of the post of Headmaster of the said school. 15. It is an admitted position that the respondent No. 4, is Junior to the petitioner. Although, vide the order dated 12.02.2026, only an adhoc arrangement has been made with regard to holding of the charge of the post of Headmaster of the school in question and also an adhoc is not permissible to be replaced by an another adhoc, this Court finds that the petitioner, who was admittedly senior to the respondent no. 4, was denied an opportunity to hold the charge of the post of Headmaster of the school in question, only on account of a wrong projection made of having forgone his promotion. The petitioner had already withdrawn the communication issued by him on 01.04.2025 and had expressed his desire for being included in the District Level Gradation List, under Page No.# 10/11 preparation for promotion to the post of Headmaster, on his health condition improving. 16. In view of the above position, this Court finds that the case of the petitioner was not given a due consideration by the Director of Secondary Education, Assam in the matter and accordingly, for the above reasons, the order dated 12.02.2026, allowing a Junior to hold the charge of the post of Headmaster of the school in question, would mandate an interference by this Court. 17. At this stage, the decision relied upon by the learned counsel for the respondent No. 4, has been duly perused by this Court. 18. On a perusal of the said decisions, this Court is of the considered view that the same would not advance the case of the respondent No. 4. Accordingly, a detailed discussion thereon, is not made in the present order. 19. In view of the above discussion, the impugned order dated 12.02.2026 stands set aside. The matter stands remanded to the Director of Secondary Education, Assam, who would now pass appropriate order(s), allowing the petitioner to hold the charge of the post of Headmaster, till the same is so filled up by a regular appointee in pursuance to the selection process presently under way. Orders in this connection be passed by the Director of Secondary Education, Assam, within a period of 15 (fifteen) days from the date of receipt of a certified copy of this order. 20. In the interregnum, till orders are passed by the Director of Secondary Education, Assam, in favour of the petitioner, the charge of the post of the Headmaster of the school, shall be held by the jurisdictional Inspector of School. Page No.# 11/11 21. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant