Page No.# 1/5 GAHC010111922026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3130/2026 MD ABUL HUSSAIN S/O- LATE AZI BULLAH R/O-BHERBHERI JHAR P.O - CHAMUAKHAT, CHALANI KUCHI P.S-DHULA, DISTRICT- DARRANG, ASSAM PIN CODE- 784190 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06 2:THE DIRECTOR ELEMENTARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG MANGALDAI P.O AND P.S- MANGALDAI DISTRICT- DARRANG ASSAM. 4:THE ADDITIONAL DISTRICT COMMISSIONER (EDUCATION) DARRANG MANGALDAI P.O AND P.S- MANGALDAI DISTRICT- DARRANG ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER DALGAON SIALMARI EDUCATION BLOCK DALGAON. P.O AND P.S DALGAON Page No.# 2/5 DISTRICT- DALGAON ASSAM. 6:JAFIDUR RAHMAN S/O- LATE IBRAHIM ALI R/O- KAWADANGA P.O- BARBAGAN P.S- DHULA DISTRICT- DARRANG ASSAM PIN- 78419 Advocate for the Petitioner : MR. A SARMA, MR R S CHAUHAN,MRITTIKAA DAS,PRIYAJEET DAS Advocate for the Respondent : GA, ASSAM, MR J ABEDIN(R6),MR. K I MAZUMDER(R6),MS. JASMIN S TALUKDAR(R6),SC, EDU BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 31.07 .2026 Heard Mr. A. Sarma, learned counsel for the petitioner. Also heard Mr. J. Abedin, learned counsel for the respondent No.6; Ms. S. Sarma, learned Government Advocate for the State respondents; and Ms. S. Konwar, learned Standing Counsel, Education Department for the respondent Education Department. 2] The petitioner before this Court is serving as a Tutor. He was initially appointed in Kawadanga M.E. Madrasa, which is subsequently been renomenclatured as Kawadanga M.E. School. The service of the petitioner was provincialised as a Tutor along with the private respondent No.6 and the petitioner joined the said school Kawadanga M.E. School as a Tutor w.e.f. Page No.# 3/5 08.02.2021. Thereafter, one Jafidur Rahman was allowed to look after the academic functioning of the school, for which the President of SMC, Kawadanga M.E. School filed a complaint before the District Elementary Education Officer, Darrang Mangaldai stating that the petitioner being the senior teacher had been discharging his functions as the In-charge Headmaster of the Kawadanga M.E. School (Madrasa) as per resolution of the SMC and, therefore, the decision to allow Jafidur Rahman to be In-charge Headmaster of Kawadanga M.E. School (Madrasa) be recalled. Thereafter, the petitioner was allowed to hold the charge as In-charge Headmaster of the said school until further orders, by order dated 06.03.2026 issued by the District Elementary Education Officer, Darrang Mangaldai. Thereafter, by order dated 11.03.2026, the Addl. District Commissioner (Education) Darrang again passed an order allowing the respondent No.6 to hold the charge as the In-charge Headmaster of the said school on purely temporary basis. In deference to the said order, the BEEO, Dalgaon, Sialmari Education Block, Dolgaon by order dated 21.05.2026 directed the petitioner to hand over the charge of In-charge Headmaster to the private responder No.6. Being aggrieved the petitioner is before this Court. 3] It is submitted by the learned counsel for the petitioner that he is the Senior most Teacher therefore, he is authorised to be appointed as the Headmaster or the In-charge Headmaster of the Kawadanga M.E. School. 4] Mr. J. Abedin, learned counsel appearing for respondent No.6 on the other hand submits that the petitioner does not have the basic qualification to hold the post of Headmaster, whereas the private respondent No.6 is a qualified person therefore, he was given the responsibility to hold charge of the post as Page No.# 4/5 Headmaster, which order has not been complied with by the writ petitioner. 5] The contentions of the learned counsel for the respondent No.6 is denied by the learned counsel for the petitioner. 6] Ms. S. Konwar, learned Standing Counsel, Education Deparment and Ms. S. Sarma, learned Government Advocate for the State respondents submits that the instructions are awaited. 7] Considering the submissions made and upon perusal of the pleadings available before the Court, it is seen that under the provisions of the Assam Elementary Education Provincialisation Rules 1977 the post of Headmaster is required to be filled up by way of promotional basis on the Seniority-cum- Efficiency and on the recommendation of the District Level Selection Committee. The District Level Selection Committee shall be constituted in accordance with Rule 3(v) of the Assam Elementary Education (Provincialisation) Rules, 1977, comprising the members specified therein. The procedure for selection and appointment to the post of Headmaster is prescribed under Rule 3(vi) of the said Rules. Accordingly, the matter now stands remanded back to the Director of Elementary Education Department to take all necessary steps for filling up the post of regular Headmaster by following the procedure prescribed under the Rules read with Office Memorandum, notification which may be valid, till such a decision is undertaken by the Director and the procedure prescribed to select the eligible candidate, the writ petitioner will continue to hold the charge as the In-charge Headmaster subject to there being no proceedings pending or initiated against the petitioner. Page No.# 5/5 8] The entire exercise will be completed within a period of 60 days from the date of receipt of certified copy of this order. JUDGE Comparing Assistant