Page No.# 1/3 GAHC010124762026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3394/2026 KHAIRUL ISLAM S/O- LATE MAIZ UDDIN RESIDENT OF KACHARIGAON, P.O. KALIADINGA, RUPAHI, DISTRICT - NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI - 781006. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI DISTRICT - KAMRUP METRO ASSAM PIN - 781019. 3:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE NAGAON ASSAM PIN- 4:SRI KUSHAL GAYAN GRADUATE TEACHER RUPAHI H.S. SCHOOL NAGAON ASSAM CURRENTLY HOLDING THE POST OF PRINCIPAL I/C. P.O. - RUPAHI DISTRICT - NAGAON PIN - 78212 Advocate for the Petitioner : MR. U DUTTA, B DUTTA Page No.# 2/3 Advocate for the Respondent : SC, SEC. EDU., MS N SHARMA(R4),Y N MAHANTA(R4),DR. A CHAMUAH(R4) BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 14-10-2026 Ms. D. Musahary, learned standing counsel, Secondary Education, Assam, on instruction, has submitted that the petitioner although being the senior most teacher in the school, he on the date when the vacancy against the post of Principal of the school had so occasioned, i.e. on 31-03-2026 had crossed the maximum age limit of 57 years as prescribed under the provision of Sub-Rule (3)(v) of Rule 12 of the rules of Assam Secondary Education (Provincialised) Service Rules, 2018 and accordingly, the petitioner is not entitled to hold the said post even on in-charge basis. In view of the said submission made by the learned standing counsel, Secondary Education, Mr. B. Dutta, learned counsel for the petitioner submits that he be permitted to withdraw the present writ petition. The prayer is not objected to by Ms. D. Musahary, learned standing counsel, Secondary Education Department, Assam. In view of the above, the present writ petition stands dismissed on withdrawal. JUDGE Page No.# 3/3 Comparing Assistant