Page No.# 1/6 GAHC010084502026 2026:GAU-AS:6467 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2384/2026 SMTI HIMADRI DUTTA W/O SRI HITEN SARMA, POST GRADUATE TEACHER, EDUCATION, PATHSALA SENIOR SECONDARY SCHOOL, BARPETA, R/O VILL TIHU TOWN, WARD NO. 1, TIHU FEDER PATH, DIST.- NALBARI, ASSAM, PIN 781371 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION DEPARTMENT), ASSAM, (CIVIL) SECRETARIAT, BLOCK C, DISPUR, GHY, ASSAM, PIN -781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN - 781019 3:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA DIST.- BARPETA ASSAM PIN- 781301 4:SRI LABANYA KUMAR DAS PGT GEOGRAPHY PATHSALA SENIOR SECONDARY SCHOOL Page No.# 2/6 P.O. PATHSALA DIST.- BAJALI (BARPETA) PIN 78132 Advocate for the Petitioner : MR. B PURKAYASTHA, MR. T K DEY Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 11.05.2026 Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. S. M. T. Chistie, learned Standing Counsel, Secondary Education Department for respondent Nos. 1, 2 & 3. 2. Having considered the nature of the grievance raised, this writ petition is heard and disposed of at the motion stage itself without issuing notice to the respondent No. 4 as the nature of the order proposed to be passed would not cause any prejudice to the respondent No. 4. 3. Challenge made in this writ petition is to the order dated 30.03.2026, passed by the Director of Secondary Education, Assam, whereby the Inspector of Schools, BDC, Barpeta has been allowed to act as Principal in-charge of Pathsala Senior Secondary School along with financial powers to draw and disburse salary etc. of the staff of the school on the retirement of the incumbent Principal on 31.03.2026. The petitioner has also put to challenge the order Page No.# 3/6 dated 06.04.2026, passed by the Inspector of Schools, BDC, Barpeta, whereby the respondent No. 4, namely, Labanya Kr. Das, Post Graduate Teacher in Geography, has been allowed to look after the classes as well as academic affairs of the said school until further orders. 4. The case of the petitioner, in brief, is that he has been serving as Post Graduate Teacher (Education) at Pathsala Senior Secondary School with Graduate Scale of Pay w.e.f. 01.02.2001, whereas the respondent No. 4 is serving as Post Graduate Teacher (Geography) w.e.f. 01.04.2001. The petitioner is having the degree of B.Ed, whereas the respondent No. 4 does not possess the said qualification. The petitioner claims that he fulfils all the qualification required for appointment to the post of Principal of a Senior Secondary School as he is eligible both in terms of educational qualification and length of service. However, despite being the senior-most eligible teacher in the institution, he has not been allowed to hold the Principal in-charge after retirement of the incumbent Principal. 5. Upon retirement of the in-charge Principal of Pathsala Senior Secondary School, the Director of Secondary Education, Assam, vide order dated 30.03.2026, by way of temporary arrangement, allowed the Inspector of Schools, BDC, Barpeta, to function as Principal in-charge of the said school. Thereafter, by the impugned order dated 06.04.2026, the Inspector of Schools, BDC, Barpeta, allowed respondent No. 4 to look after the classes as well as the academic affairs of the school until further orders. 6. Mr. B. Purkayastha, learned counsel for the petitioner, submits that since Page No.# 4/6 the petitioner is eligible to be appointed as Principal in all respect, the impugned order dated 30.03.2026 allowing the Inspector of School, BDC, Barpeta to act as Principal in-charge of Pathsala Senior Secondary School and the impugned order dated 06.04.2026, passed by the Inspector of Schools, BDC, Barpeta, allowing the respondent No. 4 to look after the classes as well as academic affairs of the schools, is illegal inasmuch as the petitioner, being the senior-most and eligible teacher, ought to have been entrusted with the charge of Principal in-charge. He submits that since the respondent No. 4 does not have the requisite B.Ed. qualification for appointment as Principal of Senior Secondary School, he could not have been even permitted to look after the academic affairs of the school. Therefore, he prays that both the impugned orders may be set aside and direction may be issued to the respondent authorities to allow the petitioner to function as Principal in-charge till regular appointment is made in accordance with the applicable Rules. 7. Per contra, Mr. S. M. T. Chistie, learned Standing Counsel, Secondary Education Department, submits that the impugned arrangements are purely temporary in nature till the regular appointment to the post of Principal of Pathsala Senior Secondary School is made. There is no bar to allow the Inspector of Schools to act as Principal in-charge by way of temporary arrangement. He submits that there is also no statutory requirement mandating that only the senior-most teacher must be entrusted with academic affairs, rather any teacher serving in the school may be assigned with such responsibility temporarily. 8. I have considered the submissions advanced by the learned counsel for Page No.# 5/6 the parties and have perused the materials available on record. 9. The petitioner appears to be a seniormost teacher in the Pathsala Senior Secondary School as he has been granted Graduate Scale of Pay as Post Graduate Teacher in Education Subject w.e.f 01.02.2001, whereas the respondent No. 4, who is also a Post Graduate Teacher in the Geography subject, has been granted Graduate Scale of Pay w.e.f. 01.04.2001. It further appears that the petitioner possesses the qualification of B.Ed., whereas respondent No. 4 does not possess such qualification. 10. As per Rule 12 of the Assam Secondary Education (Provincialization of Schools) Rules, 2018, appointment to the post of Principal of a Senior Secondary School requires, inter alia, 15 years of regular service as Graduate Teacher along with Master Degree and B.Ed qualification. Therefore, the petitioner, prima facie, appears to possess the eligibility criteria for consideration for appointment/promotion to the post of Principal. However, the impugned order dated 30.03.2026 merely allows the Inspector of Schools, BDC, Barpeta, to act as Principal in-charge by way of temporary arrangement on the retirement of the incumbent Principal. Similarly, the order dated 06.04.2026 merely permits respondent No. 4 to look after the classes and academic affairs of the school temporarily. No provision is discernable under the applicable Rules prohibiting such temporary arrangements. 11. Having considered that there would not be any bar for the respondent authorities to allow the Inspector of Schools to act as in-charge Principal of Senior Secondary School and the Post Graduate Teacher to look after the Page No.# 6/6 classes and the academic affairs of the school under the Rules, I am of the considered view that no right of the petitioner is infringed as nothing is brought on record to show any violation of his right nor violation of any provisions of the Rules regulating the appointment of Principal in-charge as well as the academic affairs. Thus, I find no ground to interfere with the impugned orders. 12. Accordingly, writ petition stands dismissed being devoid of merit. JUDGE Comparing Assistant