Page No.# 1/10 GAHC010114302021 2026:GAU-AS:6536 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4879/2021 CHANDAN KAIRI S/O SRI BISWANATH KAIRI, R/O SILCHAR TOWN, SUNIL SANKAR LANE, HOSPITAL ROAD, P.O. RANGIR KHARI, P.S. SILCHAR (SADAR), DIST. CACHAR, ASSAM, PIN 788005 VERSUS THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF EDUCATION, DISPUR, GUWAHATI, ASSAM, PIN 781006 2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM DEPT. OF EDUCATION DISPUR GUWAHATI ASSAM PIN 781006 3:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI ASSAM PIN 781019 4:THE DIST. ELEMENTARY EDUCATION OFFICER CACHR SILCHAR ASSAM PIN788005 5:THE DEPUTY INSPECTOR OF SCHOOLS Page No.# 2/10 CACHAR SILCHAR ASSAM PIN 788005 6:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO) UDHARBOND CACHAR ASSAM PIN 788003 7:THE MISSION DIRECTOR SARVA SIKSHA ABHIJAN KAHILIPARA GUWAHATI KAMRUP (M) ASSAM PIN 781019 8:THE DIST. MISSION CO ORDINATOR SARVA SIKSHA ABHIJAN CACHAR SILCHAR ASSAM PIN 788005 9:UMASHREE BISWAS IN CHARGE HEADMSTRESS OF SHASRINAGAR M.E. SCHOOL UDHARBOND CACHAR ASSAM PIN 788003 PERMANENT R/O VILL. RADHANAGAR P.O. CHOTODUDH PATIL P.S. SILCHAR DIST. CACHAR ASSAM PIN 78800 Advocate for the Petitioner : MR. A K PURKAYASTHA, MR. S SHARMA Advocate for the Respondent : SC, ELEM. EDU, SC, SSA Page No.# 3/10 :::BEFORE::: HON’BLE MR. JUSTICE KARDAK ETE Date on which judgment is reserved : N/A Date of pronouncement of judgment : 12.05.2026 Whether the pronouncement is of the Operative part of the judgment : N/A Whether the full judgment has been Pronounced : Yes Judgment & Order (Oral) Heard Mr. A. K. Purkayastha, learned counsel for the petitioner. Also heard Ms. S. Konwar, learned Standing Counsel, Elementary Education for respondent Nos. 1 to 6, and Mr. B. Choudhury, learned Standing Counsel, SSA, for respondent Nos. 7 and 8. 2. By filing the present writ petition, the petitioner has challenged the order dated 14.10.2020 passed by the District Elementary Education Officer, Cachar District, whereby Smti Umashree Biswas, an Assistant Teacher, respondent No. 9 herein, was permitted to function as the Member Secretary of the School Management Committee (SMC) of Shastrinagar M.E. School consequent upon the sudden demise of the Headmaster, for the purpose of conducting the CMDM Scheme and carrying out other developmental activities of the said school, purely on a temporary basis as a stopgap arrangement. 3. The case, in a nutshell, is that the petitioner was initially appointed as an Assistant Teacher in Shastrinagar L.P. School in the year 1992. Subsequently, Page No.# 4/10 pursuant to a policy decision of the Government of Assam, the said Shastrinagar L.P. School was amalgamated with Sastrinagar M.E. School. Prior to such amalgamation, Shastrinagar L.P. School and Sastrinagar M.E. School were functioning as two separate and independent schools under the administrative control of the District Elementary Education Officer, Cachar District. At the time of amalgamation, the petitioner was the senior-most teacher of the said L.P. School. After the amalgamation, in the year 2018, the petitioner became the second senior-most Assistant Teacher in the amalgamated school. 4. It is the case of the petitioner that he was appointed as Assistant Teacher in the year 1992, whereas respondent No. 9, who is also an Assistant Teacher of the same school, was appointed in the year 2012. Both the petitioner and respondent No. 9 otherwise have the necessary educational qualification for the post of Headmaster. However, the petitioner, being senior to respondent No. 9, has a better claim to be appointed as Headmaster of Shastrinagar M.E. School. 5. The respondent authorities, more particularly the District Elementary Education Officer, Cachar District, vide the impugned order dated 14.10.2020, illegally allowed respondent No. 9 to act as the Member Secretary of the SMC of Shastrinagar M.E. School without considering the claim of the petitioner. Although, by the impugned order, respondent No. 9 was allowed to function as the Member Secretary of the SMC, by virtue thereof respondent No. 9 has also been allowed to function as the Headmaster of the school. 6. The petitioner contends that by the impugned order allowing respondent No. 9 to act as the Member Secretary/Headmaster, the respondent authorities Page No.# 5/10 have acted contrary to the settled position of law laid down by the Hon’ble Court in various judicial pronouncements, wherein it has been held that even in cases of temporary or stopgap arrangements, preference is required to be given to the senior-most person who is otherwise eligible to hold charge of the post. There is no dispute that the petitioner is much senior to respondent No. 9, inasmuch as the petitioner was appointed in the year 1992, whereas respondent No. 9 was appointed in the year 2012. 7. Mr. A. K. Purkayastha, learned counsel for the petitioner, submits that since the petitioner is senior to the respondent No. 9, he ought to have been allowed to function as the Headmaster of Shastrinagar M.E. School upon the demise of the incumbent Headmaster. Referring to the amended Assam Elementary Education (Provincialisation) Rules, 1977, vide notification dated 18.02.2026, learned counsel submits that Rule 3A has been inserted after Rule 3 of the principal Rules, prescribing the method of promotion to the post of Headmaster in Government or Provincialised Upper Primary Schools. The said provision, inter alia, stipulates that the posts of Headmaster and Headmistress of Upper Primary Schools shall be promotional posts and appointments thereto shall be made on the basis of seniority-cum-merit on the recommendation of a District Level Selection Committee consisting of a Chairman, three Members and a Member Secretary. 8. He submits that since the Rules provide that promotion to the post of Headmaster/Headmistress of Upper Primary Schools shall be made on the basis of seniority-cum-merit, non-holding of the selection process for the post of Headmaster/Headmistress is illegal, more so when respondent No. 9, who is junior to the petitioner, has been allowed to act as Headmaster/Headmistress Page No.# 6/10 dehors the Rules. Therefore, the respondent authorities may be directed to hold the selection process for appointment to the post of Headmaster/Headmistress of Shastrinagar M.E. School and till a regular appointment is made, the petitioner, being the senior-most teacher, may be allowed to function as Headmaster on a temporary basis as a stopgap arrangement. 9. Ms. S. Konwar, learned Standing Counsel for SSA, and Mr. B. Choudhury, learned Standing Counsel, SSA, submit that the impugned order dated 14.10.2020, allowing respondent No. 9 to act as the Member Secretary of the SMC of Shastrinagar M.E. School, was issued purely on a temporary basis as a stopgap arrangement consequent upon the sudden demise of the incumbent Headmaster. It is submitted that there is no legal bar in allowing a competent teacher of the school to function as the Member Secretary of the SMC as a stopgap arrangement in the interest of the school. The petitioner, though senior to respondent No. 9, does not have any indefeasible right to function as Headmaster-in-Charge. The respondents further submit that regular appointment/promotion to the post of Headmaster/Headmistress shall be made strictly in accordance with the relevant recruitment rules holding the field. 10. I have considered the submissions advanced by the learned counsel for the parties and have also perused the materials available on record. 11. The grievance of the petitioner is against the order of the District Elementary Education Officer, Cachar District, whereby respondent No. 9 has been allowed to act as the Member Secretary of the SMC of Shastrinagar M.E. School for conducting the CMDM Scheme and other developmental activities of the school, purely on a temporary basis as a stopgap arrangement. Page No.# 7/10 12. A perusal of the impugned order reflects that respondent No. 9 has been appointed as Member Secretary of the SMC purely on a temporary basis as a stopgap arrangement. However, it does not indicate that respondent No. 9 has been allowed to act as Headmaster. It has been submitted at the Bar that once a teacher is appointed as Member Secretary, he or she would ordinarily function as Headmaster/Headmistress, although no document has been brought on record to substantiate such submission. 13. There is no dispute that the petitioner is senior to respondent No. 9 and normally he would have a better claim for appointment to the post of Headmaster/Headmistress in terms of the amended recruitment Rules, as the said post is to be filled up on the basis of seniority-cum-merit. 14. The post of Headmaster/Headmistress in Government or Provincialised Upper Primary Schools is governed by the Assam Elementary Education (Provincialisation) (Amendment) Rules, 2026, the relevant provisions are reproduced hereinbelow: “ 3A. (1) Process of Promotion to the post of Head Master in the Government or Provincialised Upper Primary schools: (i) The post of Headmasters or Headmistress of the Upper Primary Schools shall be promotional posts. Appointment to the posts shall be made on the basis of Seniority-cum-merit and on recommendation of the District Level Selection Committee consisting of the following, namely:- (a) District Elementary Education Officer Chairman (b) District Mission Co-Ordinator Member Page No.# 8/10 (c) Inspector of Schools or his nominee Member (d) Principal, District Institutes of Education and Training (DIET) or Principal, Normal School or Junior Basic Training Centre Member (e) Deputy Inspector of Schools (Convenor) Member Secretary (ii) The above mentioned Committee shall prepare a District gradation list of Teachers separately for Government or Provincialised Middle English or Middle Vernacular (ME or MV) and Senior Basic Schools in order of seniority showing the date of appointment, educational qualification, year of passing of training, age on the date of appointment, date of retirement which shall be communicated to the incumbents with copies to all the concerned authorities for information. (iii) Selection for the posts of Headmasters in such Schools shall be made strictly on the basis of Seniority- cum- merit. (iv) The teachers who have completed a minimum period of 10 (ten) years of continuous service along with the necessary training shall be considered for promotion. (v) The teachers who have passed at least Matric or HSLC or its equivalent or have passed Intermediate or its equivalent qualification and have successfully undergone the necessary training as required, shall only be considered for promotion: Provided that the teachers who were not deputed for training or provided with facilities for undergoing the necessary training but have completed a minimum period of 15 (fifteen) years of continuous service with nothing adverse against them, may also be considered for promotion. (vi) The Committee shall prepare a panel of selected teachers which shall remain valid for one year from the date of selection. (vii) The Hindi or Classical or Language Teachers having the required minimum educational qualification and training may also be considered for promotion. (viii) The Committee shall follow the Assam Scheduled Caste and Scheduled Tribes (Reservation of Page No.# 9/10 Vacancies in Service and Posts) Act, 1978 and the rules framed thereunder while preparing the panel of teachers for the post of Headmaster or Head Mistress of Government or Provincialised Middle English or Middle Vernacular (ME or MV) and Senior Basic Schools. (ix) The promotion orders shall finally be issued by the Appointing Authority after due verification of the proposals received from the concerned committees.” 15. Reading of the above provision reflects, inter alia, that the post of Headmaster/Headmistress of Upper Primary Schools is a promotional post and appointment thereto is to be made on the basis of seniority-cum-merit on the recommendation of the District Level Selection Committee consisting of a Chairman, Members and a Member Secretary. It also provides that teachers who have completed a minimum period of 10 (ten) years of continuous service along with the requisite training shall be considered for promotion to the said post. For the purpose of such consideration, the Committee is required to prepare a District Gradation List of teachers separately for Provincialised Middle English or Middle Vernacular (ME or MV) and Senior Basic Schools, in order of seniority. 16. Upon consideration of the above provision, there is no scope other than to fill up the post of Headmaster/Headmistress of Upper Primary Schools by way of promotion in terms of the Recruitment Rules. The respondent authorities appear to have not taken recourse to the Recruitment Rules for appointment/promotion to the post of Headmaster/Headmistress of Shastrinagar M.E. School. Thus, it would be incumbent upon the respondent authorities to fill up the post of Headmaster of Shastrinagar M.E. School in terms of the aforesaid Recruitment Rules by considering all eligible teachers of the said school. 17. No doubt, the impugned order has been passed allowing respondent No. Page No.# 10/10 9 to act as Member Secretary of the SMC of Shastrinagar M.E. School as a stopgap arrangement on a purely temporary basis; however, in actuality, respondent No. 9 has been allowed to act as Headmaster by ignoring the senior teachers. However, the Rules having been amended providing the process of promotion to the post of Headmaster/Headmistress by notification dated 18.02.2026, much later in point of time to the impugned order dated 14.10.2020, it would not be appropriate to hold that no order could be passed allowing teachers to act as Headmaster or Member Secretary of the SMC as a stopgap arrangement on a temporary basis. Thus, no interference is called for; however, such an arrangement cannot be allowed to continue in perpetuity or for all time to come, ignoring the relevant Recruitment Rules. 18. In view of what has been discussed hereinabove, I am of the considered view that it would be appropriate to direct the respondent authorities to fill up the post of Headmaster/Headmistress of Shastrinagar M.E. School on regular basis strictly in terms of the Assam Elementary Education (Provincialisation) (Amendment) Rules, 2026, by considering all eligible teachers including the petitioner. It is hereby directed accordingly. The exercise as directed shall be carried out within a period of 4 (four) months from the date of receipt of a certified copy of this order. 19. The writ petition stands disposed of in terms of the above. There shall be no order as to cost(s). JUDGE Comparing Assistant