Page No.# 1/5 GAHC010026412026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/935/2026 RAJESH ROY ALIAS RAJES ROY AND 5 ORS LOWER DIVISIONAL ASST. (LDA), SANARI METHI H.S. SCHOOL, RAJESWARPUR, P.O. RAJESWARPUR, DIST. HAILAKANDI, ASSAM. 2: MOZIBUR RAHMAN LASKAR DIVISIONAL ASSTT. (LDA) JOYMONGAL HIGH SCHOOL RONGPUR (S) DIST. HAILAKANDI ASSAM. 3: DIPU SINGHA LOWER DIVISIONAL ASSTT (LDA) NITYANANDAPUR HIGH SCHOOL NITYANANDAPUR P.O. NITYANANDAPUR DIST. HAILAKANDI ASSAM. 4: AMALENDU DEY LOWER DIVISIONAL ASSTT. (LDA) C.M.H.S. SCHOOL KTLICHERRA P.O KATLICHERRA DIST. HAILAKANDI ASSAM. 5: NAZMUL HUSSAIN MAZUMDER @NAZMUL HUSSAIN LOWER DIVISIONAL ASSTT. (LDA) C.M.H.S. SCHOOL KTLICHERRA P.O. KATLICHERA Page No.# 2/5 DIST. HAILAKANDI ASSAM. 6: GULESH AHMED CHOUDHURY ALIAS GOLA AHMED CHOUDHURY LOWER DIVISIONAL ASSTT. (LDA) PREMIOCHAN H.S. SCHOOL MOHANPUR P.O. MOHANPUR DIST. HAILAKANDI ASSAM VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF SCHOOL EDUCATION (SECONDARY EDUCATION), DISPUR, GUWAHATI 6 2:COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI 6 3:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 4:THE INSPECTOR OF SCHOOLS H.D.C. HAILAKANDI P.O. HAILAKANDI DIST. HAILAKANDI ASSAM. 5:THE TREASURY OFFICER HAILAKANDI DIST. P.O. HAILAKANDI DIST. HAILAKANDI ASSAM. 6:BIDHAN DEB LOWER DIVISIONAL ASSTT. (LDA) LALA H.S. AND M.P. SCHOOL LALA DIST. HAILAKANDI ASSAM. Page No.# 3/5 7:SUROJIT DASGUPTA LOWER DIVISIONAL ASSTT. (LDA) I.K. GIRLS H.S. SCHOOL HAILAKANDI DIST. HAILAKANDI ASSAM. 8:ABDUL MOHIT MAZUMDER LOWER DIVISIONAL ASST. (LDA) ALGAPUR PUBLIC H.S. SCHOOL KALIBARI BAZAR DIST. HAILAKANDI ASSAM. 9:JOYNAL ISLAM ANSARY LOWER DIVISIONAL ASST. (LDA) NIMAICHANDPUR H.S. SCHOOL P.O. JAFIRBOND DIST. HAILAKANDI ASSAM. 10:ABDUL KADIR LASKAR LOWER DIVISIONAL ASSTT. (LDA) P.K. GIRLS H.S. SCHOOL LALA DIST. HAILAKANDI ASSAM Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A BEGUM Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE DEPTT. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 20-02-2026 Heard Mr. A.M. Barbhuiya, learned counsel for the petitioners. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education, Assam appearing for the respondent Nos. 1, 3 & 4 and Ms. R.M. Bora, learned standing counsel, Finance for Page No.# 4/5 respondent Nos. 2 and 5. The grievance raised in the present writ petition is with regard to non-consideration of the case of the petitioners, who are presently working as Junior Assistant in their respective institutions, to the post of Sr. Assistant. The petitioners in the present proceeding have prayed for effecting such promotions w.e.f. the date the respondent Nos. 6 to 10, who are projected to be their juniors, were so promoted. At the outset, this Court notices that presenting a challenge to the promotion effected in respect of the private respondent Nos. 6 to 10, the petitioners had instituted a writ petition being W.P.(C) No. 6642/2016. The said writ petition was disposed of by a Coordinate Bench of this Court vide order dated 18-07-2019, wherein it was recorded that the petitioners had waived the challenge to the promotion of the present private respondents. Accordingly, the said private respondent Nos. 6 to 10 are not necessary parties to the present proceeding. It is to be noted that the petitioners in the earlier round of litigation i.e. in the proceedings of in W.P.(C) No. 6642/2016 had also prayed that they would be satisfied if the respondent authorities consider their cases for promotion prospectively. Accordingly, the prayer made by the petitioner for a retrospective promotion w.e.f. the date the private respondent Nos. 6 to 10 were so promoted would also not mandate acceptance by this Court. Having noticed the said position, this Court finds that the promotion from the post of Junior Assistant to Senior Assistant in provincialized Secondary Schools in the State is Page No.# 5/5 regulated by the provisions of Assam Secondary Education (Provincialised Schools) Rules, 2018, more particularly, Rule 6, thereof. As it is contended in the present writ petition that there are vacancies available against which the cases of the petitioners can be considered, the respondent authorities in the event, initiates process for promotion to the post of Senior Assistant available in the Secondary Schools in the district of Hailakandi, the cases of the petitioners, herein, would be given due consideration and their seniority in the cadre of Junior Assistant would also be reckoned. The petitioners for the purpose may file a representation before the respondent authorities. In the event, the petitioners are so considered for promotion, considering the undertaking given before this Court in the proceeding of W.P.(C) No. 6642/2016, the petitioners would only be entitled to be promoted prospectively. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant