Page No.# 1/10 GAHC010188032026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4804/2026 DURLOV BORA ALIAS DURLAV CH BORA AND 14 ORS S/O- GOBIN CHANDRA BORA, R/O- NEAR NAMGHAR, OPAR UJARA GAON, P.O- OPER UZARA GAON, P.S- SADAR NAGAON, DISTRICT-NAGAON, ASSAM, PIN-782101 2: SRI SUNIL CH DAS S/O-LT. TULARAM DAS R/O- KURABAHI GAON P.O-TULASHIMUKH P.S- SADAR NAGAON DISTRICT-NAGAON ASSAM PIN- 782101 3: RAMI SARMA ALIAS ROMI SARMA C/O- ASHOK BORKAKOTI R/O- M.G ROAD MARWARIPATTY P.O- NAGAON P.S- SADAR NAGAON DISTRICT-NAGAON ASSAM PIN-782001. 4: SMRITI BORA ALIAS SMRITI BORAH C/O- SRI BHUPAN SAIKIA R/O- TOWN TELIAGAON NEAR KALITA NAMGHAR P.O- ITACHALI P.S- SADAR NAGAON DISTRICT-NAGAON ASSAM PIN-782003 5: KUSHAL GAYAN S/O- LT. PURNA KT. GAYAN Page No.# 2/10 R/O- MURHANI GAON P.O- SALCHALI P.S- SAMAGURI DISTRICT-NAGAON ASSAM PIN-782141 6: JYOTSHNA BORA C/O-BIJUMONI BORA R/O- LAKHINAGAR P.O- HAIBORGAON P.S- NAGAON SADAR DISTRICT-NAGAON ASSAM PIN-782002 7: KUSUM BORA D/O- LT. BHUMIDHAR BORA R/O- PUB SENCHOWA KALPATARU COLONY P.O- HAIBORGAON P.S-NAGAON SADAR DISTRICT- NAGAON ASSAM PIN-782002 8: ASHIT KUMAR SAHA S/O- JAYDEB SAHA R/O-PUB SUALANI P.O- AMBAGAN P.S-ULLANI DISTRICT-NAGAON ASSAM PIN-782120 9: NAVAJYOTI MUDOI ALIAS NAVAJYOTI MODOI S/O-MANIK CHANDRA MUDAI R/O-PHUKANTOL P.O- SAMAGURI P.S- SAMAGURI DISTRICT- NAGAON ASSAM PIN-782140 10: ABDUL BARI KHANDAKER S/O- ABDUL KUDDUS R/O- TUKTUKI Page No.# 3/10 P.O- TUKTUKI P.S- DHING DISTRICT- NAGAON ASSAM PIN-782123 11: NIBEDITA SAIKIA ALIAS NIVEDITA SAIKIA W/O- DILIP KR. MEDHI R/O-BORUAH CHUK P.O- PURANIGUDAM P.S- SAMAGURI DISTRICT- NAGAON ASSAM PIN- 782141 12: JYOTI SAIKIA D/O-LT. MAHENDRA SAIKIA R/O- CHARAIHAGI P.O- GHILANI P.S- KAMPUR DISTRICT- NAGAON ASSAM PIN-782426 13: RAJIB BORA S/O- LT. MUHIDHAR BORA R/O- BALISATRA P.O-BALISATRA P.S- BATADRAVA DISTRICT- NAGAON ASSAM PIN-782122 14: PRITIMONI SARMAH C/O- DR.SARAT KEOT R/O- TOWN PANIGAON P.O- ITACHALI P.S- SADAR NAGAON DISTRICT- NAGAON ASSAM PIN-782003 15: NIMI GOSWAMI C/O- MR.RAJIB KR.GOSWAMI R/O- NAUBOISA PHUKON ROAD AMULAPATTY Page No.# 4/10 P.O- ITACHALI P.S-SADAR NAGAON DISTRICT- NAGAON ASSAM PIN-78200 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI, PIN- 781006 2:DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI PIN- 781019 3:DEPUTY COMMISSIONER NAGAON OLD TRUNK ROAD CHRISTIANPATTY NAGAON ASSAM PIN- 782001 4:INSPECTOR OF SCHOOLS NDC NAGAON CHRISTIANPATTY NAGAON ASSAM PIN- 78200 Advocate for the Petitioner : MR. M K CHOUDHURY, MR. S N AHMED,MR. L T SANGTAM,R. BARUAH Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 18.09.2026 Page No.# 5/10 Heard Mr. M.H. Choudhury, learned senior counsel assisted by Mr. M.K Choudhury, learned counsel for the petitioners and Mr. P P Dutta, learned Standing counsel, Department of School Education. 2. The petitioners by way of instituting the present writ petition have assailed a Gradation List of Graduate Teachers, published vide order dated 18.08.2026, on the ground that the petitioners, although, eligible for being included in the said Gradation List, were excluded there from and no reason for the purpose, was so assigned. The petitioners have further prayed for their inclusion in the Final Gradation List of Graduate Teachers for the District of Nagaon, for consideration of their cases for promotion to the vacant posts of Headmaster/Headmistress available in the said District. 3. The petitioners in the present writ petition have projected that in pursuance to an advertisement, the petitioners had applied for the posts of Assistant Teacher (Graduate) in various High/Higher Secondary Schools. On the selection of the petitioners against the posts of Graduate Teacher, the petitioners were appointed as Assistant Teachers (Graduate) on fixed pay basis. The petitioners, thereafter, were continued in their services. The learned senior counsel for the petitioners submits that some of the petitioners in WP(C) No. 5884/2016, praying, amongst others, for grant of regular scale of pay, w.e.f. the date of their respective joining. A Co-ordinate Bench of this Court vide order dated 28.08.2019, was pleased to dispose of the said writ petitions, directing the respondent authorities to examine the claim of the petitioners for grant of regular time scale of pay to the petitioners as has been directed to be given similar situated persons in terms of the directions of this Court in WA No. 233/2017, which, however, be subject to any order passed by the higher Judicial Forum in this regard, from the date of initial date of appointment. Page No.# 6/10 The State respondents, however, had assailed an order dated 16.12.2016 passed in WP(C) No. 763/2013, instituted by similarly situated persons, before the Division Bench of this Court, by way of instituting a writ appeal, being WA No. 24/2017. The writ appeal, however, was withdrawn with liberty to approach the Writ Court by way of filing a review petition. The review petition, having been filed, on a consideration, came to be dismissed. Thereafter, the State respondents had again approached the Division Bench of this Court, by way of instituting a writ appeal, being WA No. 233/2017. The said writ appeal was dismissed by the Division Bench, vide order dated 14.06.2019. In pursuance to the dismissal of the said writ appeal, being WA No. 233/2017, the respondent authorities issued a Notification dated 26.02.2021 and therein, authorized to the petitioners and other similarly situated persons the Graduate Scale of Pay. It was further stipulated in the said Notification dated 26.02.2021 that the petitioners, were being extended with the said scale of pay notionally w.e.f. the date of their respective joining in service. The petitioners now having been granted a notional fixation of their pay and allowances in the Graduate Scale of Pay from the date on which they were so appointed as Assistant Teacher (Graduate) on fixed pay basis, the period of service rendered by the petitioners w.e.f. their date of joining, which had occasioned in 2001, were contended to be required to be construed as service rendered as a Graduate Teacher. The petitioners have contended that they have the requisite eligibility criteria as mandated under the provisions of Rule 14 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018, for being considered for promotion to the vacant posts of Headmaster/Headmistress, available in provincialised Page No.# 7/10 High Schools in the district of Nagaon 4. I have heard the learned counsel for the parties and also perused the materials available on record. 5. It is an admitted position that the petitioners, herein, were initially appointed as Assistant Teachers (Graduate) on a fixed pay basis, in pursuance to a process of selection. Thereafter, in terms of the directions passed by this Court, requiring, the respondent authorities to authorize to the petitioners their pay and allowances in the Graduate Scale of pay w.e.f. the date they had joined their respective services as Assistant Teachers (Graduate) on fixed pay basis, the Government of Assam in the Secondary Education Department, vide Notification dated 26.02.2021, had authorized to the petitioners’ their pay and allowances in the regular time scale of pay as per the ROP Rules, holding the field. Such authorization of time scale of pay was so made effective notionally w.e.f. the date the petitioners had joined their respective services as an Assistant Teacher (Graduate) on fixed pay basis, way back in the year 2001. 6. The manner in which recruitment to the posts of Headmaster/Headmistress is to be effected is set out in the provisions of Rule 14 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018. In terms of the provisions of Rule 14(2)(b), a teacher for being considered for promotion to the post of Headmaster/Headmistress must have at least 10 years of teaching experience as a Graduate Teacher. 7. The petitioners in the present writ petition, having now been authorized Graduate Scale of Pay, albeit, notionally w.e.f. 2001, the period of service rendered by the petitioners w.e.f. their initial date of appointment as Assistant Teachers (Graduate) on fixed pay basis, would be now required to be construed to have been so rendered as a Graduate Teacher and accordingly, the Page No.# 8/10 petitioners are found to have satisfied the requisite eligibility criteria of having 10 years teaching experience as a Graduate Teacher for the purpose of being considered for promotion to the posts of Headmaster/Headmistress. 8. It is also to be noted that in terms of the proviso to Rule 14(1), the seniority of a Graduate Teacher is determined from the date of receipt of Graduate Scale of Pay by such teacher. The procedure prescribed for promotion against the vacant posts of Headmaster/Headmistress available in provincialised High Schools of a District, mandates the preparation of a District-Wise-Seniority list of all Graduate Teachers working in provincialised Secondary Schools, in the district concerned. The respondent authorities have prepared a final list in this connection and had included therein, the names of the Graduate Teachers and the said list was published vide a Notification dated 18.03.2025. However, the names of the petitioners have not been included in the said list, although, therein, names of Graduate Teachers drawing Graduate Scale of Pay after 2001, has also been included. 9. In view of the above discussion, the petitioners, herein, being found by this Court to be included within the term “Graduate Teachers” w.e.f. 2001, in pursuance to the issuance of the Notification dated 26.02.2021, authorizing to them their pay and allowances in the time scale of pay, prescribed for Graduate Teachers in a High School and the same being so authorized to the petitioners notionally w.e.f. the date of their joining as Assistant Teachers (Graduate), this Court is of the considered view that the petitioners are also eligible to be included at the appropriate place in the Final Gradation List of Graduate Teachers, as published vide Notification dated 18.03.2025. 10. Accordingly, the Director of Secondary Education, Assam and the Inspector of Schools, Nagaon are directed to incorporate the names of the petitioners, Page No.# 9/10 herein, at the appropriate place, reckoning the date of their initial joining in service as an Assistant Teacher (Graduate) on fixed pay basis and thereafter, to publish a revised Final Gradation List. 11. At this stage, it is to be noticed that, this Court vide order dated 15.09.2025, had recorded the submissions of the learned Standing counsel for the Secondary Education Department, to the effect that the process of recruitment against the posts of Headmaster/Headmistress was halted. Further, this Court vide order dated 25.09.2026, had directed for maintenance of status quo in the matter. Accordingly, it is submitted by the parties, that all the vacant posts of Headmaster/Headmistress, available in the district of Nagaon, have not been filled up. 12. In view of the said position, it is directed that the process for filling up of the vacant posts of Headmaster/Headmistress, in various Secondary Schools in the district of Nagaon, be now proceeded with only after a fresh Gradation List is so published, incorporating, therein, the names of the petitioners, in terms of the directions passed hereinabove. 13. It is further clarified that the promotional exercise shall be carried out, strictly in accordance with the provisions of Rule 14 of the Rules of 2018 and the directions passed by this Court for inclusion of the petitioners’ name in the Gradation List shall not be construed to be a direction for promotion of the petitioners and the petitioners shall be entitled for such promotion only by virtue of their seniority in the Gradation List. 14. With the above observations and directions, the present writ petition stands disposed of JUDGE Page No.# 10/10 Comparing Assistant