Page No.# 1/12 GAHC010001422024 2026:GAU-AS:2174 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/305/2024 AJIT DAS SON OF LATE GOPAL DAS, RESIDENT OF VILLAGE- NABAPUR, P.O. BISWANATH CHARIALI, P.S. BISWANATH CHARIALI, DISTRICT- BISWANATH, ASSAM, PIN- 784176 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-6 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 DISTRICT- KAMRUP (M) ASSAM 3:THE INSPECTOR OF SCHOOLS SONITPUR DISTRICT CIRCLE TEZPUR DISTRICT SONITPUR ASSAM PIN- 78400 Advocate for the Petitioner : MR. N BORAH, G. R. SINGHA Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/12 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 12.02.2026 Heard Mr. N. Borah, learned counsel for the petitioner and Mr. P.P. Dutta, learned standing counsel for the Secondary Education Department, for all the respondents. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for- (i) issuing direction to the respondent authorities to set aside and quash the order dated 18.11.2023, vide memo No. E- 406904/2023/338-A, issued by the Director of Secondary Education, Assam; (ii) and also to issue direction tothe respondent authorities, to declare the date of his receipt of graduate scale of pay as 06.02.2012, instead of 01.04.2016, as recorded in the order dated 18.11.2023; (iii) further, to issue direction to the respondent authorities toinclude his name in the Gradation List of eligible teachers for being promoted to the vacant posts of Headmaster inthe High Schools of Sonitpur and Biswanath district, as on 01.01.2021, prepared and published by the office of the Inspector of Schools, Sonitpur District Circle, Tezpur; and (iv) and also to issue direction to the respondent authoritiesto promote him to the vacant post of Headmaster in High Schools of Page No.# 3/12 Sonitpur and Biswanath district. 3. Mr. Borah, learned counsel for the petitioner submits that the petitioner was appointed as Assistant Teacher, in F.A. Ahmed M.E. Madrassa, vide order dated 08.03.2001, in a fixed pay and his service was regularized vide order dated 21.10.2010, as Assistant Teacher, along with other similar teachers, with a condition that the regularized teachers will be entitled to enjoy prescribed pay scale, as per the Assam Services (Revision of Pay) Rules, 2010 (ROP 2010 hereinafter) from the date of passing of training, as per the Assam Elementary Education (Provincialization) Rules, 1977 (Rules of 1977), which was amended in the year 2005. 3.1. Mr. Borah further submits that the petitioner had completed Diploma in Elementary Education in the year 2012, and thereafter, vide order dated 06.02.2012, he was allowed to draw the graduate scale of pay. Thereafter, his school was amalgamated with F.A. Ahmed High Madrassa on 16.02.2017. Thereafter, he obtained B.Ed. degree on deputation in the year 2020. Mr. Borah also submits that the petitioner is the only eligible and qualified Graduate Assistant Teacher for being promoted to the post of Headmaster of the said school. 3.2. It is also the submission of Mr. Borah that though a gradation list of eligible teachers, for being promoted to the vacant post of Headmaster in the High Schools of Sonitpur and Biswanath district,was prepared and published, the name of the petitioner was not included in the same, though he is eligible and qualified for the post of Headmaster of high school. Then, being aggrieved, the petitioner had filed one writ petition, being W.P.(C) No. 6019/2021 and this Court, vide order dated 17.11.2021, had directed the respondent No. 2 to conduct an inquiry into hismatter and pass a speaking order. Thereafter, the Page No.# 4/12 respondent No. 2, vide speaking order, dated 28.02.2022, had rejected the claim of the petitioner. Thereafter, he had filed another writ petition, being W.P.(C) No. 2012/2022, challenging the order dated 28.02.2022 and this Court, vide order dated 09.03.2023, was pleased to set aside and quash the said speaking orderand remanded the matter to the Director of Secondary Education for issuance of a fresh order, after necessary consideration in terms of the order dated 17.11.2021, passed in W.P.(C) No. 6019/2021. Thereafter, the Director, Secondary Education, vide impugned order dated 18.11.2023, had again rejected the claim made by the petitioner and wrongly held that he has been drawing graduate scale of pay w.e.f. 01.04.2016 and therefore, he is not eligible to be included in the gradation list, as per Rule 14 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (Rules of 2018 hereinafter). 3.3. Mr. Borah also submits that the petitioner was allowed to draw graduate scale of pay w.e.f. 06.02.2012 and the scale of pay has been recorded in his service book as per ROP, 2010 and from 01.04.2016, he was allowed to draw the revised scale of pay as per ROP, 2017 and therefore, 01.04.2016 is not the date of receipt of graduate scale of pay, but the same ought to have been receipt of revised scale of pay as per ROP, 2017. On such count, according to Mr. On such count, according to Mr. Borah, the impugned order dated 18.11.2023, is illegal and arbitrary and therefore, it is contended to set aside the same. 4. Per-contra, Mr. Dutta, learned standing counsel for the Secondary Education Department, submits that though the petitioner was holding graduation at the time of his appointment, yet his appointment was made as an Assistant Teacher, not as a Graduate Teacher, as because at that point of time there was already a Graduate Teacher in the said Madrassa. Page No.# 5/12 4.1. Referring to the ROP 2010, Mr. Dutta submits that the scale of Assistant Teacher and Graduate Teacher is same, but the grade pay is different.While the Graduate Teacher is allowed to draw grade pay @ Rs. 2,700/-, yet the Assistant Teacher was allowed to draw grade pay @ Rs. 2,300/-, subsequently, the same was enhanced to Rs. 2,700/-. 4.2. Mr. Dutta further submits that in view of the letter dated 05.01.2015, No. AEE 591/2013/48, the petitioner has not rendered the requisite years of service for being included his name in the gradation list for being appointed as Headmaster in High Schools of Sonitpur and Biswanath district. As such, the impugned order suffers from no infirmity or illegality and therefore, the same requires no interference of this Court and accordingly, it is contended to dismiss this petition. 5. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition as well as the documents placed on record and also gone through the impugned order dated 18.11.2023, issued by the Director of Secondary Education and also gone through the order dated 17.11.2021, passed in W.P.(C) No. 6019/2021 and also the order dated 09.03.2023, passed in W.P.(C) No. 2012/2022. 6. The impugned order dated 18.11.2023, issued by the Director of Secondary Education, reads as under:- GOVT OF ASSAM OFFICE OF THE DIRECTOR OF SECONDARY EDUCATION, ASSAM KAHILIPARA, GUWAHATI – 19 No. E – 406904/2023/338 ORDER Page No.# 6/12 Read and perused the Hon'ble High Court's order dtd. 09.03.2023 passed in WP(C) No. 2012/2022 and the Hon'ble High Court's order dtd. 17.11.2021 passed in WP(C) No. 6019/2021 filed by Sri Ajit Das, Assistant Teacher of F. A. Ahmed High Madrassa (now High School), Biswanath in connection with non inclusion of his name in the Gradation list of eligible teachers for promotion to the vacant post of Headmaster in High Schools of Sonitpur & Biswanath districts, as on 01.01.2021, prepared and published by the office of the Inspector of Schools, SDC, Tezpur. The relevant portion of the order dtd. 09.03.2023 passed in WP(C) No. 2012/2022 filed by Sri Ajit Das reads as below: "........... the matter is remanded back to the Director of Secondary Education, Assam directing him to re-do the exercise afresh in terms of the order dated 17.11.2021, passed in said WP(C) No. 6019/2021, within a period of 60 (sixty) days from the date of receipt of a certified copy of this order to be furnished by the petitioner, verifying all the relevant records - relating to the appointment, regularization, adjustment in service of the petitioner and the scale of pay granted to him by the respondent authorities, after regularization of his service as an Assistant Teacher, wherein he was initially appointed as an OBB Teacher under the Centrally Sponsored Scheme in a fixed pay. Page No.# 7/12 During such process, if the petitioner is found to be duly appointed as a regular Assistant Teacher in a Provincialised Upper Primary Schools after regularization of his service vide order dated 21.10.2010 allowing him to draw Graduate Scale of Pay, the DSE, Assam shall pass fresh order in accordance with law. However, it is made clear that while considering the case of the petitioner afresh in terms of the said order dated 17.11.2021 passed in WP(C) No. 6019/2021, the DSE, Assam shall not be influenced by any such observation made herein above by this court. Accordingly, the impugned Speaking order No. DSE/SSB/CC/7/2021/97, dated 28.02.2022 passed by the Director of Secondary Education, Assam is set aside and quashed, remanding back the matter to the said authority again, for issuance of a freshorder after necessary consideration in terms of the order dated 17.11.2021 passed in WP(C) No. 6019/2021, noted above." At Para 6 of the order dtd. 17.11.2021 passed in WP(C) No. 6019/2021, the Hon'ble High Court directed the Director of Secondary Education Assam to call for the records, verify from it as to whether the petitioner is entitled to be included in the district- wise seniority list of Sonitpur and Biswanath districts and upon such verification, if the Director arrives at a conclusion that the petitioner does have a legal right to be included, necessary reasoned order Page No.# 8/12 be passed. Also seen the Hearing report dated 09.03.2023, submitted by the Deputy Director of Secondary Education, Assam. As per written statement submitted by the Inspector of Schools, S.D.C., Tezpur vide his letter No. IS/SNP/DSC/PL- HM/2021/700, dtd. 27.06.2023, Sri Ajit Das was initially appointed as an Assistant Teacher in F. A. Ahmed M. E. Madrassa, Biswanath vide D.E.E.O., Sonitpur order, under Memo No. 2-84/Pt-I/2001-2002/7997-8058, dtd. 08.03.2001 on Fixed Pay @ Rs. 2000/- pm against the post created vide Govt. letter No. PMA. 24/96/215, dtd. 08.03.2001 under OBB (7066) Scheme. Later on, his post was regularized vide Govt. order under Memo No. PMA. 478/2006/Pt.IX/13-A, dtd. 21.10.2010. After completion of D. El. Ed. Course from DIET, Biswanath, he was allowed to draw prescribed scale of pay by the DEEO, Sonitpur vide letter No. DEEO/Sonit/Regular Scale/Pt- 1/85/2010, dtd. 06.02.2012. Thereafter, he has been drawing salary and allowances regularly as per rule. As per record, Sri Ajit Das had been drawing Grade Pay @ Rs. 6800/- (intermediate scale) till 31.03.2016 and Grade Pay @ Rs. 8700/- w.e.f. 01.04.2016. In the meantime, F. A. Ahmed M. E. Madrassa, Biswanath was amalgamated with F. A. Ahmed High Madrassa (now High School), Biswanath vide this office order under memo No. GIS/Amal/67/2016/204, dtd. 16.02.2017 under "Siksha Khetra" Scheme. Sri Ajit Das obtained his B. Ed. degree on deputation Page No.# 9/12 in the Year 2020. Rule 14. (1) of The Assam Secondary Education(provincialised schools) Service Rules, 2018 says that "The post of Headmaster of a High School shall be filled up by promotion from the candidates amongst the Graduate Teachers as per District-wise seniority list on the recommendation of the District Selection Committee constituted under rule 16(2). The selection of Headmaster shall be based upon seniority and satisfactory Annual Confidential Report for last 3 consecutive years as per procedure provider under sub - rule (3): Provided that the seniority of the Graduate Teacher shall be determined from the date of receiving Graduate scale of pay by the respective Assistant Teacher." Again, Rule 14(2)(b) says that "He must have at least 10 years of teaching experience as Graduate Teacher". As per record, Sri Ajit Das has been drawing Graduate Scale of Pay w.e.f. 01.04.2016. Hence, he is not eligible to be included in the Gradation list as per Rule 14 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018. In view of the above, the claim of Sri Ajit Das regarding non inclusion of his name in the Gradation list of eligible teachers for promotion to the vacant posts of Headmaster in High Schools of Sonitpur & Biswanath districts as on 01.01.2021 prepared and published by the office of the Page No.# 10/12 Inspector of Schools, SDC, Tezpur cannot be considered and hence rejected. This is issued in compliance of the Hon'ble High Court's order dtd. 09.03.2023, passed in WP(C) No. 2012/2022, filed by Sri Ajit Das and the Hon'ble High Court's order dtd. 17.11.2021 passed in WP(C) No. 6019/2021 filed by Sri Ajit Das. 7. Thus, a careful perusal of the impugned order, it appears that the Director of Secondary Education had rejected the claim of the petitioner on the ground that he has been drawing graduate scale of pay w.e.f. 01.04.2016 and he is not eligible to be included in the gradation list as per Rule 14 of the Rules of 2018 and Rule 14(2)(b) states that he must have at-least 10 years of teaching experience as Graduate Teacher and Rule 14 (1) states that the post of Headmaster of a High School shall be filled up by promotion from the candidates amongst the Graduate Teachers as per district-wise seniority list on the recommendation of the District Selection Committee constituted under Rule 16(2) and as such, the claim of the petitioner has been rejected. 8. On the other hand, it appears that the petitioner was appointed on 08.03.2001, as Assistant Teacher in F.A. Ahmed MEM School and at the time of his appointment, he had already completed his graduation as per Annexure – 1 of the petition. Annexure – 1 also indicates that he passed B.Sc. General Course of Gauhati University in the year 1997 and as such, it is not in dispute that at the relevant point of time, the petitioner was having the graduate degree. His service was regularized vide order dated 21.10.2010, Annexure-5, as Assistant Teacher and regular scale of pay was granted to him w.e.f. 06.02.2012 vide Annexure-8. In the amalgamation order dated 16.02.2017, Annexure-9, also he Page No.# 11/12 has been shown as Assistant Teacher and in the Annexure-12, the seniority list of teachers of F.A. Ahmed High School, it has been shown that he was granted graduate scale w.e.f. 01.04.2016. 8.1. Further, the Service Book of the petitioner, which is enclosed as Annexure – 21 at page No. 75, indicates that he has been granted scale of pay after regularization of his service on successful completion of first and second semester of 2 years of Senior Basic Training, vide order dated 06.02.2012. But, nowhere in the Service Book it is stated that he has been granted the graduate scale of pay w.e.f. 06.02.2012. 8.2. Further, from the affidavit of the respondent No. 3, especially from the paragraph Nos. 7 & 8, it appears that the petitioner was appointed in anIntermediate Post and one Graduate Teacher in Science, namely Lila Upadhaya, was also appointed and that the Graduate Teacher working in the Intermediate Post of ME/MV/MEM Schools is entitled to enjoy pay scale in PB – II, but grade pay @ Rs. 2,700/- till 31.03.2016, as per the Rules of 2010 and w.e.f. 01.04.2016, Rules of 2017 came into force, whereby Graduate Teachers working against Graduate Post of High and Higher Secondary Schools as well as the teachers of ME/MV/MEM Schools, irrespective of Graduate Post or Intermediate Post have been allowed to draw grade pay @ Rs. 8,700/- under PB – II (Rs. 14,000/- - 49,000/-) and provided the ME/MV/MEM School Teachers must be trained graduate, i.e. graduate degree with Diploma in Elementary Education (D.El.Ed.). 9. Thus, in absence of any proof that the petitioner was granted graduate scale of pay w.e.f. 06.02.2012, this Court is of the considered view that the impugned order dated 18.11.2023, issued by the Director of Secondary Education, suffers from no infirmity or illegality requiring any interference of this Page No.# 12/12 Court.And accordingly, this Court finds no merit in this petition and therefore, the same stands dismissed leaving the parties to bear their own costs. JUDGE Comparing Assistant