Page No.# 1/52 vs The State Of Assam And 152 Ors
2023 Latest Caselaw 3292 Gua

                                                                 Page No.# 1/52

GAHC010240232017




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : WP(C)/5250/2017

         SEKHAR RANJAN NATH and 7 ORS.
         S/O- LATE NRIPENDRA CHANDRA NATH, ASSTT. TEACHER, DUDHPATIL M
         V SCHOOL, P.O- DUDHPATIL PART-V, PIN- 788003, DIST- CACHAR, ASSAM

         2: SHIB SHANKAR DUTTA ROY
          S/O- LATE SALIL KUMAR DUTTA ROY
          SCIENCE GRADUATE TEACHER
          NARSINGPUR GIRLS MV SCHOOL
          P.O- NARSINGPUR
          PIN- 788115
          DIST- CACHAR
         ASSAM

         3: BHASKAR SENAPATI
          S/O- LATE NIKHIL RANJAN SENAPATI
          SCIENCE GRADUATE TEACHER
          DUDHPATIL M V SCHOOL
          P.O- DUDHPATIL PART-V
          PIN- 788003
          DIST- CACHAR
         ASSAM

         4: ALOK KANTI DHAR
          S/O- LATE GOURANGA LAL DHAR
          SCIENCE GRADUATE TEACHER
          SAPTAGRAM MV SCHOOL
          P.O- BHAGABAZAR PART-V
          PIN- 788120
          DIST- CACHAR
         ASSAM

         5: NIKUNJA DAS
          S/O- LATE NRIPENDRA CHANDRA DAS
          SCIENCE GRADUATE TEACHER
                                                     Page No.# 2/52

BORKHOLA GIRLS ME SCHOOL
P.O- BORKHOLA
PIN- 788110
DIST- CACHAR
ASSAM

6: AMAL KANTI NAG
 S/O- LATE MAKHANLAL NAG
 SCIENCE GRADUATE TEACHER
AHAD AHMED M E SCHOOL
 P.O- SYEDPUR MUKAM
 PIN- 788013
 DIST- CACHAR
ASSAM

7: KESHAB DIKSHIT
 S/O- SRI CHANDRA SEKHAR DIKSHIT
 SCIENCE GRADUATE TEACHER
 CHHOTAJALENGA
 PIN- 788113
 DIST- CACHAR
ASSAM

8: SWAPAN KUMAR CHAKRABORTY
 S/O- LATE SHYAMAPADA CHAKRABORTY
 SCIENCE GRADUATE TEACHER
 KALACHAND ROY M E SCHOOL
 P.O- DALU
 PIN- 788111
 DIST- CACHAR
ASSA

VERSUS

THE STATE OF ASSAM and 152 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
EDUCATIONELEMENTARY DEPTT., ASSAM CIVIL SECRETARIAT, DISPUR,
GUWAHATI- 781006, ASSAM

2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
 KAHILIPARA
 GUWAHATI
 P.O- GUWAHATI- 781019

3:THE DEPUTY COMMISSIONER
 CACHAR AT SILCHAR
 PIN- 788001
                                                      Page No.# 3/52

DIST- CACHAR
ASSAM

4:THE DISTRICT LEVEL SELECTION COMMITTEE
 CACHAR AT SILCHAR
ASSAM
 REP. BY THE DISTRICT ELEMENTARY EDUCATION OFFICER
 CACHAR
 SILCHAR
ASSAM

5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
 CACHAR
 SILCHAR
ASSAM
 P.O- SILCHAR- 78003
 DIST- CACHAR

6:SHAKTI NATH
 PROMOTED HEAD MISTRESS
 NARSINGPUR GIRLS MV SCHOOL
 P.O- NARSINGPUR
 PIN- 788115
 DIST- CACHAR
ASSAM

7:SANKAR ACHARJEE
 PROMOTED HEAD MASTER
 BEHARA BAZAR M V SCHOOL
 P.O- BEHARA BAZAR
 PIN- 788817
 DIST- CACHAR
ASSAM

8:NANTULAL BAISHNAB
 PROMOTED HEAD MASTER
 JALALPUR M V SCHOOL
 P.O- JALALPUR
 PIN- 788816
 DIST- CACHAR
ASSAM

9:AKTAR HUSSAIN LASKAR
 PROMOTED HEAD MASTER
 JAMALPUR M V SCHOOL
 P.O- JAMALPUR
 PIN- 788120
 DIST- CACHAR
                                Page No.# 4/52

ASSAM

10:ANAMUL HAQUE BARLASKAR
 PROMOTED HEAD MASTER
 NABAKUMAR M E SCHOOL
 P.O- DIGHARSRIKONA
 PIN- 788026
 DIST- CACHAR
ASSAM

11:MONIMOHAN SINGHA
 PROMOTED HEAD MASTER
 CHINCOORIE BAGAN M E SCHOOL
 P.O- CHINCOORIE
 PIN- 788007
 DIST- CACHAR
ASSAM

12:NURKHATUN BEGUM
 PROMOTED HEAD MISTRESS
 SAIDPUR N K ME SCHOOL
 P.O- SAIDPUR
 PIN- 788013
 DIST- CACHAR
ASSAM

13:JOYA SIKDAR
 PROMOTED HEAD MISTRESS
 SURJYO KUMAR M E SCHOOL
 P.O- TARAPUR SHIBBARI ROAD
 PIN- 788003
 DIST- CACHAR
ASSAM

14:JAYANTA ROY CHOUDHURY
 PROMOTED HEAD MASTER
 BURUNGA M E SCHOOL
 P.O- TIKAR BURUNGA
 PIN- 788815
 DIST- CACHAR
ASSAM

15:TOIMUR UDDIN LASKAR
 PROMOTED HEAD MASTER
 NAMAR ALI AB M E MADRASSA
 P.O- GANIRGRAM
 PIN- 788025
 DIST- CACHAR
                                                   Page No.# 5/52

ASSAM

16:AZIR UDDIN BARBHUIYA
 PROMOTED HEAD MASTER
 SIBNARAINPUR M E MADRASSA
 P.O- KATIGORAH CHOWRONGI
 PIN- 788805
 DIST- CACHAR
ASSAM

17:AZMOL HUSSAIN MAZUMDER
 PROMOTED HEAD MASTER
 SONAI M E MADRASSA
 P.O- SONAIMUKH
 PIN- 788119
 DIST- CACHAR
ASSAM

18:SAJUSH KANTI NATH
 PROMOTED HEAD MASTER
 KALARAM BARMAN M E SCHOOL
 GOJALGHAT
 P.O- DHOLAI
 PIN- 788114
 DIST- CACHAR
ASSAM

19:RIAZ HUSSAIN MAZUMDER
 PROMOTED HEAD MASTER
 HAJI SAJID MEMORIAL M E SCHOOL
 ISLAMABAD
 P.O- BHAGABAZAR
 PIN- 788120
 DIST- CACHAR
ASSAM

20:GULEJOR ALI LASKAR
 PROMOTED HEAD MASTER EAST KAJIDAHAR M E SCHOOL
 P.O- KAJIDAHAR
 PIN- 788115
 DIST- CACHAR
ASSAM

21:SOFIQUE UDDIN LASKAR
 PROMOTED HEAD MASTER
 M A MAJUMDER M E SCHOOL
AMJURGHAT
 PIN- 788119
                                    Page No.# 6/52

DIST- CACHAR
ASSAM

22:KAMIL UDDIN LASKAR
 PROMOTED HEAD MASTER
 SOUTH MOHANPUR PUBLIC ME SCHOOL
 DAKSHIN MOHANPUR
 PIN- 788119
 DIST- CACHAR
ASSAM

23:KANKAN BHATTACHARJEE
 PROMOTED HEAD MASTER
 CHAITANYA M E SCHOOL
 LARSINGPAR
 CHOTODUDHPATIL
 PIN- 788002

24:PRASANTA CHANDRA DAS
 PROMOTED HEAD MASTER
 GANDHI ME SCHOOL
 DERBY TEA ESTATE
 PIN- 788112
 DIST- CACHAR
ASSAM

25:RAFIQUE UDDIN LASKAR
 PROMOTED HEAD MASTER
 RAJGHAT M E MADRASSA
 PIN- 788120
 DIST- CACHAR
ASSAM

26:MIHIR RANJAN NATH
 PROMOTED HEAD MASTER
TOWN BOYS ME MADRASSA
 SADARGHAT
 SILCHAR
 PIN- 788001
 DIST- CACHAR
ASSAM

27:JAMIR UDDIN BARBHUIYA
 PROMOTED HEAD MASTER
 CHANDRAMUKHI M V SCHOOL
 RAJNAGAR
 P.O- ARUNACHAL
 PIN- 788025
                               Page No.# 7/52

DIST- CACHAR
ASSAM

28:ZIA UDDIN LASKAR
 PROMOTED HEAD MASTER
 GANIRGRAM GIRLS M V SCHOOL
 P.O- GANIRGRAM
 PIN- 788025
 DIST- CACHAR
ASSAM

29:MANIK NATH
 PROMOTED HEAD MASTER
 JARAILTOLA G M BASIC
 P.O- JARAILTOLA BAZAR
 PIN- 788127
 DIST- CACHAR
ASSAM

30:SUSHIL KUMAR SINHA
 PROMOTED HEAD MASTER
 GHAGRAPAR M V SCHOOL
 SALCHAPRA
 PIN- 788801
 DIST- CACHAR
ASSAM

31:CHAMPA KOLI NATHDEB
 PROMOTED HEAD MISTRESS
 DUDHPATIL PART V
 PIN- 788003
 DIST- CACHAR
ASSAM

32:SANTANU NANDAN MAZUMDER
 PROMOTED HEAD MASTER
 KALIPRASAD M V SCHOOL
 BURIBAIL
 PIN- 788025
 DIST- CACHAR
ASSAM

33:PANU MAHANTA SARMA
 PROMOTED HEAD MISTRESS
 LAKSHMI NARAYAN M E SCHOOL
 SILCOORIE CAMP
 PIN- 788118
 DIST- CACHAR
                                Page No.# 8/52

ASSAM

34:MANGALA PAUL
W/O- SRI PRADIP PAUL
 PROMOTED HEAD MISTRESS
 CHOTOJALENGA M V SCHOOL
 P.O- CHOTOJALENGA
 DIST- CACHAR
 PIN- 788113

35:NABA KUMAR SINGHA
 PROMOTED HEAD MASTER
 BUDHURAIL M E SCHOOL
 NEAR KATHAL TEA ESTATE
 DIST- CACHAR
ASSAM

36:SANKAR BANIK
 PROMOTED HEAD MASTER
 RAM MANIKPUR M E SCHOOL
 RAM MANIKPUR
 PIN- 788116
 DIST- CACHAR
ASSAM

37:URMILA CHAKRABORTY
 PROMOTED HEAD MISTRESS
 MALUGRAM GIRLS ME SCHOOL
 MALUGRAM
 PIN- 788002
 DIST- CACHAR
ASSAM

38:PRANESH CHANDRA DAS
 PROMOTED HEAD MASTER
 DIDER KUSH M E SCHOOL
 P.O- MOTINAGAR
 PIN- 788099
 DIST- CACHAR
ASSAM

39:BRAJO BEHARI SINGHA
 PROMOTED HEAD MASTER
 SALEPUR MANIPURI M E SCHOOL
 P.O- NARSINGPUR
 PIN- 788115
 DIST- CACHAR
ASSAM
                                     Page No.# 9/52


40:MOYURUN NESSA CHOUDHURY
 PROMOTED HEAD MISTRESS
TARAPUR M E SCHOOL
 RAMNAGAR
 KHELMA
 SILCHAR
 PIN- 788003
 DIST- CACHAR
ASSAM

41:KARIM UDDIN LASKAR
 PROMOTED HEAD MASTER
 NUTAN RAMNAGAR MN M E SCHOOL
 P.O- NUTAN RAMNAGAR
 PIN- 788126
 DIST- CACHAR
ASSAM

42:NAZRUL ISLAM BARBHUIYA
 PROMOTED HEADMASTER
 BUDHAN CHAUHAN M E SCHOOL
 PIN- 788121
 DIST- CACHAR
ASSAM

43:SAMPURAN KAHAR
 PROMOTED HEAD MASTER
TARAPUR M V SCHOOL
 RAMNAGAR
 KHELMA
 P.O- TARAPUR
 PIN- 788003

44:SANJOY DEB
 PROMOTED HEAD MASTER
 MD. IDRISH ALI ANSARI M E SCHOOL
 SAHPUR
 PIN- 788117
 DIST- CACHAR
ASSAM

45:NURUL HUDA CHOUDHURY
 PROMOTED HEADMASTER
 lAKSHMINAGAR T. P. M.E. SCHOOL
 LAKSHMINAGAR PART-II
 PIN-788104
 DIST. CACHAR
                                       Page No.# 10/52

ASSAM.

46:SRI S. KUNJADAS SINGHA
 PROMOTED HEADMASTER
 LALPANI K. B. M.E. MADRASSA
 LALPANI PART-II
 JIRIGHAT
 PIN-788104
 DIST. CACHAR
ASSAM.

47:BAHAR UDDIN BARBHUIYA
 PROMOTED HEADMASTER
 KHAEELPAR M. E. SCHOOL
 KHAREELPAR PART-II
 BADARPUR
 MASIMPUR
 PIN-788111
 DIST. CACHAR
ASSAM.

48:NUFUZUR MUFIZUR RAHMAN BARBHUIYA
 PROMOTED HEADMASTER
 BADARPUR MASIMPUR M. E. SCHOOL
 BADARPUR PART-II
 BADARPUR MASIMPUR
 PIN-788025
 DIST. CACHAR
ASSAM.

49:SRI ABHIJIT DEB PURKAYASTHA
 PROMOTED HEADMASTER
 SALCHAPRAM. E. SCHOOL
 SALCHAPRA PART-II
 SALCHAPRA
 PIN-788814
 DIST. CACHAR
ASSAM.

50:RASHID AHMED KHADEM
 PROMOTED HEADMASTER
 DUDPUR DEVANANDA M. E. SCHOOL
 DUDPUR PART-I (GANIRGRAM)
 PIN-788025
 DIST. CACHAR
ASSAM.

51:AFTAB UDDIN BARBHUIYA
                                  Page No.# 11/52

PROMOTED HEADMASTER
NAVAKALLOL M. E. SCHOOL
NIZ PHULBARI
KATIGORAH
PIN-788802
DIST. CACHAR
ASSAM.

52:SRI ANUP KUMAR NATH
 PROMOTED HEADMASTER
 SRIPUR KADAMTALA M. E. SCHOOL
 SRIPUR PART-II
 FULBARI
 PIN-788025
 DIST. CACHAR
ASSAM.

53:NIZAM UDDIN LASKAR
 PROMOTED HEADMASTER
 SONAPUR PUBLIC M. E. SCHOOL
 SONAPUR PART-I
 KATIGORAH
 PIN-788817
 DIST. CACHAR
ASSAM.

54:SRI SURANJAN PAUL
 PROMOTED HEADMASTER
 DAMCHAERRA M. E. SCHOOL
 DAMCHERRA
 KATIGORAH
 PIN-788817
 DIST. CACHAR
ASSAM.

55:SRI MOHITOSH CHANDA
 PROMOTED HEADMASTER
 GOVINDAPUR WEST M. E. SCHOOL
 GOVINDAPUR PART-III
 KATIGORAH
 PIN-788804
 DIST. CACHAR
ASSAM.

56:SALIM UDDIN TALUKDAR
 PROMOTED HEADMASTER
 SAIDPUR JANATA M. E. SCHOOL
 SYEDPUR PART-II
                                Page No.# 12/52

LEVERPUTA
KATIGORAH
PIN-788815
DIST. CACHAR
ASSAM.

57:SRI S. MINIKUMAR SINGHA
 PROMOTED HEADMASTER
 JARMA SINGHA M. E. SCHOOL
 DURGANAGAR PART-III
 GOSSAIPUR
 PIN-788030
 DIST. CACHAR
ASSAM.

58:SRI JOGENDRA CHANDRA DAS
 PROMOTED HEADMASTER
 KHASPUR K B M. E. SCHOOL
VILL. SIBERBOND
TIKALPAR
 PIN-788031
 DIST. CACHAR
ASSAM.

59:SRI DEBASISH PURKAYASTHA
 PROMOTED HEADMASTER
 COOMBERGRAM M. E. SCHOOL
 COOMBHIRGRAM T. E.
 PIN-788109
 DIST. CACHAR
ASSAM.

60:SMT. K. SUBASINI SINGHA
 PROMOTED HEADMASTER
 BONRAJ M. E. SCHOOL
 KACHUDARAM PART-IV
 SUNDARI
 SONAI
 PIN-788119
 DIST. CACHAR
ASSAM.

61:NURUL ISLAM LASKAR
 PROMOTED HEADMASTER
 JURKHAL TRIBAL M. E. SCHOOL
 JURKHAL
 RAMMANIKPUR
 PIN-788116
                                       Page No.# 13/52

DIST. CACHAR
ASSAM.

62:SRI PALLAB GUPTA
 PROMOTED HEADMASTER
 HARINA PUBLIC M. E. SCHOOL
 DIDARKUSH PART-IV
 PIN-788099
 DIST. CACHAR
ASSAM.

63:SRI PINTULAL DEY
 PROMOTED HEADMASTER
 ROY SANAB NABA KUMAR M. E. SCHOOL
 SILDUBI PART-II
 DAKHIN SAIDPUR
 PIN-788112
 DIST. CACHAR
ASSAM.

64:SRI JASHABANTA NARAYAN CHOUDHURY
 PROMOTED HEADMASTER
 BUDHURAIL M. E. SCHOOL
 BUDHURAIL
AMBIKAPUR
 PIN-788005
 DIST. CACHAR
ASSAM.

65:RAFIQUE AHMED BARBHUIYA
 PROMOTED HEADMASTER
 RAMSUNDAR SAHU M. E. SCHOOL
 KACHUDARAM PART-I
 PIN-788119
 DIST. CACHAR
ASSAM.

66:SRI PREM SANKAR CHUBEY
 PROMOTED HEADMASTER
 UZAN TARAPUR M. P. R. M. E. SCHOOL
 UZAN TARAPUR
 PIN-788098
 DIST. CACHAR
ASSAM.

67:SRI AKHILESH TEWARI
 PROMOTED HEADMASTER
 PEARSON INSTITUTE M. E. SCHOOL
                                                 Page No.# 14/52

DEWAN T. E.
PIN-788102
DIST. CACHAR
ASSAM.

68:SRI PRITISH KANTI GHOSE
 PROMOTED HEADMASTER
 HARINAGAR PUBLIC M. E. SCHOOL
 HARINAGAR
 PIN-788107
 DIST. CACHAR
ASSAM.

69:SRI RAJ EHARI SINGHA
 PROMOTED HEADMASTER
 LAKHICHARRA PUBLIC M. E. SCHOOL
 LAKSHINAGAR PART-I
 PIN-788104
 DIST. CACHAR
ASSAM.

70:SRI S. RAJKUMAR SINGHA
 PROMOTED HEADMASTER
 JOYSHREE SHRAMIK M. E. SCHOOL
THAILO T. E.
 PIN-788102
 DIST. CACHAR
ASSAM.

71:NAZIM UDDIN CHOUDHURY
 PROMOTED HEADMASTER
 BALARAM M. E. SCHOOL
 MANIPUR PART-I
 BANSHKANDI
 PIN-788101
 DIST. CACHAR
ASSAM.

72:SRI DIPANKAR NATH
 PROMOTED HEADMASTERJOYPUR GIRLS M. E. SCHOOL
 JOUPUR PART-II
 PIN-788102
 DIST. CACHAR
ASSAM.

73:SRI SOUMEN DEB
 PROMOTED HEADMASTER
 SRI SRI RADHARAMAN GOSWAMI M. E. SCHOOL
                                   Page No.# 15/52

MALUGRAM
SILCHAR
PIN-788002
DIST. CACHAR
ASSAM.

74:RIAZ UDDIN LASKAR
 PROMOTED HEADMASTER
 NOOR KHATUN GIRLS M. E. SCHOOL
 KANAKPUR PART-I
 BHAGADAHAR
 BORJURAI
 PIN-788006
 DIST. CACHAR
ASSAM.

75:HUSSAIN AHMED BARBHUIYA
 PROMOTED HEADMASTER
 CHIRUKANDI M. E. SCHOOL
 CHIRUKANDI
 SILCHAR
 PIN-788003
 DIST. CACHAR
ASSAM.

76:SMT. M. PRATIVA SINGHA
 PROMOTED HEADMISTRESS
VIR TIKENDRAJIT M. E. SCHOOL
 IDGAH ROAD
 ITAKHOLA
 SILCHAR
 PIN-788002
 DIST. CACHAR
ASSAM.

77:SRI DIBYENDU DEY
 PROMOTED HEADMASTER
 PRYOGIK HINDI VIDYAPITH
 SHILLONGPATTY
 SILCHAR
 PIN-788001
 DIST. CACHAR
ASSAM.

78:SRI DILIP KUMAR SINGHA
 PROMOTED HEADMASTER
 RADHE MANIPUI M. E. SCHOOL
 NAGDIRGRAM PART-I
                                      Page No.# 16/52

PIN-788121
DIST. CACHAR
ASSAM.

79:SRI SUSHANTA DHAR
 PROMOTED HEADMASTER
 RAMKRISHNA VIDYAPITH M. E. SCHOOL
 DWARBOND GRANT
 PIN-788113
 DIST. CACHAR
ASSAM.

80:SRI BIDHU BHUSAN PURKAYASTHA
 PROMOTED HEADMASTER
 BAMPREMANANDA M. E. SCHOOL
 MAHADEVPUR PART-I
 PIN-788114
 DIST. CACHAR
ASSAM.

81:SRI PRADIP CHANDRA PAUL
 PROMOTED HEADMASTER
 DHARMIKHAL M. E. SCHOOL
 RUKNI PART-IV
 PIN-788116
 DIST. CACHAR
ASSAM.

82:SRI SURAJIT RUDRA PAUL
 PROMOTED HEADMASTER
 KRISHNA CHARAN M. E. SCHOOL
 PANIBHORA
 PIN-788123
 DIST. CACHAR
ASSAM.

83:SRI KAJAL PAUL
 PROMOTED HEADMASTER
 BABATAN M. E. SCHOOL
 MALUGRAM
 BEKIRPAR
 PIN-788123
 DIST. CACHAR
ASSAM.

84:RAHIM UDDIN LASKAR
 PROMOTED HEADMASTER
 KASHIPUR V P M. E. SCHOOL
                                Page No.# 17/52

KASHIPUR
PIN-788009
DIST. CACHAR
ASSAM.

85:SABIR AHMED LASKAR
 PROMOTED HEADMASTER
 RUPAIBALI M. E. SCHOOL
 NIZ RUPAIBALI
 PIN-788101
 DIST. CACHAR
ASSAM.

86:SMT. RATNA RANI DAS
 PROMOTED HEADMISTRESS
 SALCHAPRA M. V. SCHOOL
 SALCHAPRA PART-II
 PIN-788030
 DIST. CACHAR
ASSAM.

87:SRI BIRENDRA CHANDRA NATH
 PROMOTED HEADMASTER
 BAIKANTHA RAI M. E. SCHOOL
 CHAMAR KONA M. E. SCHOOL
 SAMAR KONA
TAPANG
 PIN-788150
 DIST. CACHAR
ASSAM.

88:NAZIR AHMED LASKAR
 PROMOTED HEADMASTER
 BURIBAIL M. E. SCHOOL
 BURIBAIL
 SALCHAPRA
 PIN-788025
 DIST. CACHAR
ASSAM.

89:MEHMADUL HOQUE LASKAR
 PROMOTED HEADMASTER
 R.C.M.E. MADRASSA
 HAIR HAR
 SRIKONA
 PIN-788026
 DIST. CACHAR
ASSAM.
                                   Page No.# 18/52


90:SRI ABHIJIT DHAR
 PROMOTED HEADMASTER
 SRIDHARPUR M. V. SCHOOL
 SRIDHARPUR
 SALCHAPRA
 PIN-788814
 DIST. CACHAR
ASSAM.

91:SRI SUPRIYO KUMAR ROY
 PROMOTED HEADMASTER
 BURIKHALERPAR M. V. SCHOOL
 SRIKONA
 INDRAGARH
 PIN-788026
 DIST. CACHAR
ASSAM.

92:SRI MRINAL KANTI NAG
 PROMOTED HEADMASTER
 DALU M. E. SCHOOL
 BARARAMPUR
 DALU
 PIN-788111
 DIST. CACHAR
ASSAM.

93:SRI SNEHASHIS DUTTA MAZUMDER
 PROMOTED HEADMASTER
 CHANDRAMUKHI M. V. SCHOOL
VILL. ALGAPUR
 RAJNAGAR
 PIN-788026
 DIST. CACHAR
ASSAM.

94:SRI RITI MOHAN ROY
 PROMOTED HEADMASTER
 SADIRKHAL M. E. SCHOOL
 LEVERPUTA PART-II
 HARINAGAR
 PIN-788815
 DIST. CACHAR
ASSAM.

95:SRI ARUN KUMAR NATH
 PROMOTED HEADMASTER
                                 Page No.# 19/52

GORERVITOR M. E. SCHOOL
DINANATHPUR
GOREVITOR
PIN-788817
DIST. CACHAR
ASSAM.

96:MONJURUL HAQUE LASKAR
 PROMOTED HEADMASTER
 GONIRGRAM BOYS M. V. SCHOOL
 GONIRGRAM PART-IV
 PIN-788025
 DIST. CACHAR
ASSAM.

97:SMT. ALPANA DEY
 PROMOTED HEADMASTER
 GANGAPUR M. E. SCHOOL
 NIZ KATIGORAH PART-IV
 SIDDHESWAR
 PIN-788804
 DIST. CACHAR
ASSAM.

98:ABDUL KALAM AZAD BARBHUIYA
 PROMOTED HEADMASTER
 RAJATILLA M. E. SCHOOL
 HARITIKAR PART-II
 HARINAGAR
 RAJATILLA
 PIN-788805
 DIST. CACHAR
ASSAM.

99:SRI SUJIT CHANDRA DAS
 PROMOTED HEADMASTER
 KATIRAIL M. E. SCHOOL
 KATIRAIL
 KATIGORAH
 PIN-788804
 DIST. CACHAR
ASSAM.

100:SRI SABYASACHI SIKDAR
 PROMOTED HEADMASTER
 BIKRAMPUR M. E. SCHOOL
 BHANGARPAR
 BIHARA PART-III
                                     Page No.# 20/52

KATIGORAH
PIN-788817
DIST. CACHAR
ASSAM.

101:IMADADUL HAQUE MAZUMDER
 PROMOTED HEADMASTER
 GUMRAH PUBLIC M. E. SCHOOL
 KHELMA PART-VI
 GUMRAH
 PIN-788815
 DIST. CACHAR
ASSAM.

102:SMT. SUMITA PAUL
 PROMOTED HEADMASTER
 BIKRAMPUR GOLOKNARH M. E. SCHOOL
 BHANGARPAR PART-I
 PIN-788817
 DIST. CACHAR
ASSAM.

103:IMAD UDDIN AHMED
 PROMOTED HEADMASTER
AHMODIA M. E. MADRASSA
 BIHARA PART-VI
 BIHARA
 KATIGORAH
 PIN-788808
 DIST. CACHAR
ASSAM.

104:RASID AHMED LASKAR
 PROMOTED HEADMASTER
 HAZI RAJA MIA M. E. MADRASSA
 BIHARA PART-III
 BURUNGA
 PIN-788817
 DIST. CACHAR
ASSAM.

105:BATIR ALI LASKAR
 PROMOTED HEADMASTER
 J.D. IDGAH M. E. MADRASSA
 DURGAPUR
 JARAILTALA
 PIN-788126
 DIST. CACHAR
                               Page No.# 21/52

ASSAM.

106:MOINUL HOQUE BARBHUIYA
 PROMOTED HEADMASTER
 JAGDISHPUR M. E. MADRASSA
 SIDDESWAR PART-IV
 SIDDHESWAR
 KATIRAIL
 PIN-788805
 DIST. CACHAR
ASSAM.

107:ABDUL QADIR BARBHUIYA
 PROMOTED HEADMASTER
 KARAIKANDI M. E. SCHOOL
TELITIKAR
 RAJATILLA
 PIN-788805
 DIST. CACHAR
ASSAM.

108:MASUK AHMED MAZUMDER
 PROMOTED HEADMASTER
 KALAIN M.E. MADRASSA
 BARAITALI PART-I
 KALAIN
 PIN-788815
 DIST. CACHAR
ASSAM.

109:SRI ASHIT KUMAR DEB
 PROMOTED HEADMASTER
 RAMKAMAL M. V. SCHOOL
 BHANGARPAR
 PIN-788817
 DIST. CACHAR
ASSAM.

110:SRI BISHNU GOALA
 PROMOTED HEADMASTER
 TANJAW M.E. SCHOOL
 GOSSAIPUR
 LARSINGHA
 PIN-788030
 DIST. CACHAR
ASSAM.

111:SRI PARTHA SARATHI NATH
                                                 Page No.# 22/52

PROMOTED HEADMASTER
DUDPATIL M. E. MADRASSA
DUDPATIL PART-VI
PIN-788002
DIST. CACHAR
ASSAM.

112:SRI Y. MONIKANTA SINGHA
 PROMOTED HEADMASTER
 KAPTANPUR JAGAT SINGHA MANIPURI M. E. SCHOOL
 KAPTANPUR PART-I
 PIN-788119
 DIST. CACHAR
ASSAM.

113:SRI MOHENDRA CHANDRA DAS
 PROMOTED HEADMASTER
 NIKAMA M. E. SCHOOL
 GANGANAGAR
 PIN-788099
 DIST. CACHAR
ASSAM.

114:SRI K. NILKANTA SINGHA
 PROMOTED HEADMASTER
 KAPTANPUR ANANTA DAS M. E. SCHOOL
 KAPTANPUR PART-I
 PIN-788119
 DIST. CACHAR
ASSAM.

115:ABDUL KUDDUS
 PROMOTED HEADMASTER
 NUTAN HAILAKANDI M. E. MADRASSA
 KAPTANPUR PART-16
 PIN-788119
 DIST. CACHAR
ASSAM.

116:UKIL ALI LASKAR
 PROMOTED HEADMASTER
 HATIKHAL M. E. MADRASSA
 SUNDARI PART-I
 HATIKHAL
 PIN-788116
 DIST. CACHAR
ASSAM.
                                       Page No.# 23/52

117:KARIM UDDIN LASKAR
 PROMOTED HEADMASTER
 NUTAN RAMNAGAR
 M.N. M. E. SCHOOL
 NATUN RAMNAGAR
 PIN-788130

DIST. CACHAR
ASSAM.

118:SRI ASHOK KUMAR GHOSE
 PROMOTED HEADMASTER
 SAIDPUR NANDA KISHORE M. E. SCHOOL
 SAIDPUR PART-II
 KRISHNAPUR
 PIN-788013
 DIST. CACHAR
ASSAM.

119:SRI RANABIR SINGHA
 PROMOTED HEADMASTER
 KAMESWAR M. E. SCHOOL
AMBIKAPUR PART-I
AMBIKAPUR
 PIN-788007
 DIST. CACHAR
ASSAM.

120:SRI ANJAN KUMAR GHOSE
 PROMOTED HEADMASTER
 BASKANDI M. E. SCHOOL
 CHANDRAPUR PART-II
 BADRI CHANDRAPUR
 PIN-788101
 DIST. CACHAR
ASSAM.

121:ABDUL NUR LASKAR
 PROMOTED HEADMASTER
 PALORBOND M. E. SCHOOL
 PALORBOND T. E.
 PIN-788101
 DIST. CACHAR
ASSAM.

122:SRI DILIP KUMAR PAUL
 PROMOTED HEADMASTER
 BANIRAM BARMAN PUBLIC M. E. SCHOOL
                                   Page No.# 24/52

JOYPUR PART-III
LANGLACHERA
PIN-788107
DIST. CACHAR
ASSAM.

123:SRI DIPAK DAS
 PROMOTED HEADMASTER
 NARAINPUR M. E. SCHOOL
 NARAINPUR T. E.
 PIN-788098
 DIST. CACHAR
ASSAM.

124:RAUSAN JALAL
 PROMOTED HEADMASTER
ALIPUR M. E. SCHOOL
 P.O. BANSKANDI
 PIN-788101
 DIST. CACHAR
ASSAM.

125:SRI RAJAT KANTI CHAKRABORTY
 PROMOTED HEADMASTER
TARANI MOHAN DAS LASKAR ACADEMY
WARD NO. 14
 KANAKPUR ROAD
 SILCHAR
 PIN-788005
 DIST. CACHAR
ASSAM.

126:HABIBULLAH CHOUDHURY
 PROMOTED HEADMASTER
 CHANNIGHAT M. V. SCHOOL
 CHANNIGHAT
 PIN-788120
 DIST. CACHAR
ASSAM.

127:SRI BIMOLENDU BISWAS
 PROMOTED HEADMASTER
 HAWAITHANG M. E. SCHOOL
 KHULICHERRA FOREST VILLAGE
 SHEWRARTHAL
 PIN-788120
 DIST. CACHAR
ASSAM.
                                 Page No.# 25/52


128:SRI SARADIL NATH
 PROMOTED HEADMASTER
 UMATARA GIRLS M. V. SCHOOL
 SADAGRAM
 PIN-788114
 DIST. CACHAR
ASSAM.

129:RAHIM UDDIN MAZUMDAR
 PROMOTED HEADMASTER
TARUNODAY VIDYANIKETAN
 BANSHKHAL
 NARSINGPUR PART-II
 PIN-788123
 DIST. CACHAR
ASSAM.

130:SRI SWADESH RANJAN SEN
 PROMOTED HEADMASTER
 HARICHARAN M. E. SCHOOL
 DEVIPUR PART-I
 JIVANGRAM
 PIN-788114
 DIST. CACHAR
ASSAM.

131:SRI SANKAR SEVAK PAUL
 PROMOTED HEADMASTER
 PANOBHORA GIRLS M. E. SCHOOL
 PANIBHORA
 PIN-788123
 DIST. CACHAR
ASSAM.

132:SRI S. RAJKUMAR SINGHA
 PROMOTED HEADMASTER
 MODEL M. E. SCHOOL
 LAKHIPUR
 SINGERBOND IV
 SINGERBOND
 LAKHIPUR
 PIN-788130
 DIST. CACHAR
ASSAM.

133:SRI SANKAR PRASAD TEWARI
 PROMOTED HEADMASTER
                                           Page No.# 26/52

JIRIGHAT A. MITRA M. E. SCHOOL
JIRIGHAT
PIN-788104
DIST. CACHAR
ASSAM.

134:SRI ROBINDRA SINGHA
 PROMOTED HEADMASTER
 PUNNYABATI M. E. SCHOOL
 CHIRIRPAR PT. IV
 LAKHIPUR NAYAGRAM
 LAKHIPUR
 PIN-788103
 DIST. CACHAR
ASSAM.

135:SAFIQUE UDDIN LASKAR
 PROMOTED HEADMASTER
ALGAPUR M. E. SCHOOL
ALGAPUR PT. II
 GOBINDAPUR
 LAKHIPUR
 PIN-788101
 DIST. CACHAR
ASSAM.

136:MAGFURUL BARI
 PROMOTED HEADMASTER
 BAGHADHAR M. E. SCHOOL
 BERENGA PART-IV
 KANAKPUR
 SILCHAR
 PIN-788005
 DIST. CACHAR
ASSAM.

137:SRI HIMANGSU NATH
 PROMOTED HEADMASTER
 NEHRI GIRLS M. E. SCHOOL
 BEKIRPAR
 PIN-788123
 DIST. CACHAR
ASSAM.

138:SRI SOBINOY GOSWAMI
 PROMOTED HEADMASTER
 DIGENDRA CHANDRA MEMORIAL M. E. SCHOOL
 GOBINDAPUR PT. I
                                  Page No.# 27/52

KATIGORAH
PIN-788804
DIST. CACHAR
ASSAM.

139:SRI M.JAYANTA KUMAR SINGHA
 PROMOTED HEADMASTER
 JOGAI MOTHURA M. E. SCHOOL
 BINNAKANDI PT. I
 P.O. BINNAKANDIGHAT
 PIN-788130
 DIST. CACHAR
ASSAM.

140:BASIR UDDIN CHOUDHURY
 PROMOTED HEADMASTER
 LALPANI K B M. E. MADRASSA
 LALPANI PT. II
 JIRIGHAT
 P.O. JIRIGHAT
 PIN-788104
 DIST. CACHAR
ASSAM.

141:SMT. BABLI DAS
 PROMOTED HEADMASTER
ALGAPUR M. E. MADRASSA
ALGAPUR PT. I
 GOBINDAPUR
 P.O. BANSKANDI
 PIN-788101
 DIST. CACHAR
ASSAM.

142:SRI RAJ BEHARI SINGHA
 PROMOTED HEADMASTER
 PUBLIC M. E. SCHOOL
 KARAIKANDI
 P.O. BANSKANDI
 PIN-788101
 DIST. CACHAR
ASSAM.

143:SRI NANDALAL SARMAH
 PROMOTED HEADMASTER
 SAPORMONIA M. E. SCHOOL
 NIZ LAKHIPUR PT. III
 LAKHIPUR
                                  Page No.# 28/52

NAYAGRAM
PIN-788103
DIST. CACHAR
ASSAM.

144:SRI H. DHANANJOY SINGHA
 PROMOTED HEADMASTER
 SINGERBOND M. E. SCHOOL
 SINGERBOND PT. V
 P.O. BINNAKANDIGHAT
 PIN-788130
 DIST. CACHAR
ASSAM.

145:SRI L. BIRMOHAN SINGHA
 PROMOTED HEADMASTER
 MASPARA MANIPURI M. E. SCHOOL
 BADRIPAR PT. II
 KASHIPUR
 P.O. RONGPUR
 PIN-788009
 DIST. CACHAR
ASSAM.

146:SMT. NIVA RANI SINGHA
 PROMOTED HEADMASTER
 KHUNOW M. E. SCHOOL
 NAYAGRAM
 LAKHIPUR
 P.O. FULERTAL
 PIN-788106
 DIST. CACHAR
ASSAM.

147:ALI AKBAR HAZARI
 PROMOTED HEADMASTER
 DAYALRAM DAS M. E. SCHOOL
 DUNGRIPAR PART-II
 LAKHIPUR
 P.O. BANSKANDI
 PIN-788101
 DIST. CACHAR
ASSAM.

148:SMT. LAKHESWARI DEVI
 PROMOTED HEADMISTRESS
 SUBHASH NAGAR M. E. SCHOOL
 KANAKPUR PART-III
                                   Page No.# 29/52

DALAICHERRA
P.O. HARINAGAR BAZAR
PIN-788107
DIST. CACHAR
ASSAM.

149:SRI SRIPRASAD NUNIA
 PROMOTED HEADMASTER
 KALIKA PRASAD M. E. SCHOOL
 BOR SANGAN GRANT
 BARSANGAN
 SALCHAPRA
 PIN-788117
 DIST. CACHAR
ASSAM.

150:MOIN UDDIN BORBHUIYA
 PROMOTED HEADMASTER
 KABUGANJ M. E. MADRASSA
 NAGDIRGRAM PT. II
 NAGDIRGRAM
 NARSINGPUR
 PIN-788121
 DIST. CACHAR
ASSAM.

151:SMT. DEBASHREE DAS LASKAR
 PROMOTED HEADMASTER
 NARSINGPUR BOYS M. V. SCHOOL
 CLEVER HOUSE PT. IV
 CLEVER HOUSE
 NARSINGPUR
 PIN-788115
 DIST. CACHAR
ASSAM.

152:RAHIM UDDIN MOZUMDER
 PROMOTED HEADMASTER
 HAZI ABDUL SUKKUR M. E. SCHOOL
 BORJALENGA PART VI
 PUTHIKHAL B
 NARSINGPUR
 PIN-788115
 DIST. CACHAR
ASSAM.

153:SMT. UMA KAIRI
 PROMOTED HEADMASTER
                                                  Page No.# 30/52

             PUBLIC M. E. SCHOOL
             KARAIKANDI
             BANSKANDI PART-II
             PIN-788101
             DIST. CACHAR
             ASSAM

Advocate for the Petitioner   : MR.U CHOUDHURY

Advocate for the Respondent : MR.B PURKAYASTHA




             Linked Case : WP(C)/5219/2018

            KESHAB DIKSHIT AND 4 ORS.
            S/O SRI CHANDRA SEKHAR DIKSHIT
            SCIENCE GRADUATE TEACHER

             CHOTOJALENGA M.V. SCHOOL

             P.O. CHOTOJALENGA
             PIN - 788113

             DIST. CACHAR
             ASSAM

            2: SRI SHIB SANKAR DATTA ROY

            S/O LT. SALIL KUMAR DUTTA ROY
            SCIENCE GRADUATE TEACHER

             NARSINGPUR GIRLS M.V. SCHOOL

            P.O. NARSINGPUR
             PIN - 788115
            DIST. CACHAR
            ASSAM

            3: SRI NIKUNJA DAS
            S/O LT. NRIPENDRA CHANDRA DAS
            SCIENCE GRADUATE TEACHER

             BORKHOLA GIRLS M.E. SCHOOL
             P.O. BORKHOLA
                                                    Page No.# 31/52

PIN - 788110

DIST. CACHAR
ASSAM.

4: SRI SWAPAN KUMAR CHAKRABORTY
S/O LT. SHYAMAPADA CHAKRABORTY

SCIENCE GRADUATE TEACHER

KALACHAND ROY M.E. SCHOOL

P.O. DALU
PIN - 788111

DIST. CACHAR
ASSAM

5: SRI SEKHAR RANJAN NATH
S/O LT. NRIPENDRA CHANDRA NATH
ASSTT. TEACHER
DUDHPATIL M.V. SCHOOL

P.O. DUDHPATIL PART-V

PIN - 788003

DIST. CACHAR
ASSAM.
VERSUS

THE STATE OF ASSAM AND 51 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
EDUCATION (ELEMENTARY) DEPARTMENT

ASSAM (CIVIL) SECRETARIAT
DISPUR GUWAHATI- 781006
ASSAM.

2:THE DIRECTOR OF ELEMENTARY EDUCATION

ASSAM
KAHILIPARA
GUWAHATI

P.O. GUWAHATI - 781019.
 3:THE DEPUTY COMMISSIONER
                                                     Page No.# 32/52

CACHAR AT SILCHAR

PIN - 788001
DIST. CACHAR
ASSAM.
4:THE DISTRICT LEVEL SELECTION COMMITTEE

CACHAR AT SILCHAR
ASSAM

REP. BY THE DISTRICT ELEMENTARY EDUCATION OFFICER
CACHAR
ASSAM
PIN - 788001.
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER

CACHAR
SILCHAR
ASSAM

P.O. SILCHAR- 788003

DIST. CACHAR.
6:DELETED THE NAME OF RES. 6
VIDE HON'BLE COURT'S ORDER DATED 04.05.2023
7:SRI JAYANTA RUDRAPAUL

PROMOTED HEAD MASTER

HBDS RAJABAZAR M.V. SCHOOL

JOYPUR 1
JOYPUR KAMRANGA
RAJABAZAR
PIN - 788107
DIST. CACHAR
ASSAM.
8:SRI BIMAL SINHA
PROMOTED HEAD MASTER
BURUNGA M.E. SCHOOL

BURUNGA PART-2
BURUNGA

PIN - 788817
DIST. CACHAR
ASSAM
9:SRI NURUL ISLAM LASKAR
                                    Page No.# 33/52

PROMOTED HEAD MASTER
BIDYARATANPUR M.E. SCHOOL
BIDYARATANPUR
PIN - 788120
DIST. CACHAR
ASSAM
10:SRI SATYABRATA DEY
PROMOTED HEAD MASTER
KATIGORAH M.E. MADRASSA
KATIGORAH PART-IV
P.O. KATIGORAH
PIN - 788805

DIST. CACHAR
ASSAM
11:SRI BATIKIM HMAR
PROMOTED HEAD MASTER
MUOLTIUONG HMAR M.V. SCHOOL

DIPHUCHERRA
MOLONG
RAJABAZAR
PIN- 788107

DIST. CACHAR
 ASSAM
 12:SRI VINDHYESH KUMAR
PROMOTED HEAD MASTER
JOYSHREE SRAMIK
M.E. SCHOOL

THAILOO T.E. THAILOO LANGLACHERA
P.O. BARTHAL T.E.
PIN - 788102

DIST. CACHAR
 ASSAM
 13:N. THOIBI SINGHA
PROMOTED HEAD MASTER
JIBAN MEMORIAL
M.E. SCHOOL
 BINNAKANDI GRANT
 PT.2
 P.O. BINNAKANDIGHAT
PIN - 788130

DIST. CACHAR
ASSAM
                                   Page No.# 34/52

 14:SRI L. BIR KUMAR SINGHA
PROMOTED HEAD MASTER
JHARAGUL MANIPURI
M.E. SCHOOL

NAGDIRGRAM PART-I
PIN - 788119
DIST. CACHAR
ASSAM
15:SMT. JYOTIKONA GOSWAMI

PROMOTED HEAD MISTRESS
PUBLIC M.E. SCHOOL
BORBOND
BARBOND BASTI
SUBANG
PIN- 788111

DIST. CACHAR
ASSAM
16:SRI JOYDEEP BHATTACHARJEE

PROMOTED HEAD MASTER
KALACHAND ROY
M.E. SCHOOL
VILL- KALINAGAR
P.O. DALU
PIN - 788111

DIST. CACHAR
ASSAM
17:SRI RATNABIJOY BHATTACHARJEE

PROMOTED HEAD MASTER
PALOI M.E. SCHOOL

PALOI T.E. PIN - 788123

DIST. CACHAR
ASSAM
18:SRI MANJUR AHMED LASKAR
PROMOTED HEAD MASTER
KHUDEJA GIRLS M.E. SCHOOL
BARJATRAPUR
PIN - 788110

DIST. CACHAR
ASSAM
                               Page No.# 35/52

19:SRI KRISHNA KANTA TIWARI
PROMOTED HEAD MASTER
SWAMI VIVEKANANDA
M.E. SCHOOL

BASUDEBPUR
PIN - 788117

DIST. CACHAR
ASSAM
20:SRI LILAMOY SINGHA
PROMOTED HEAD MASTER
BALARAM VIDYAPITH
M.E. SCHOOL

BARAITALI PART-I
LAKHIPUR
KURKURI
BHURUNGA KATIGORAH
PIN - 788815

DIST. CACHAR
ASSAM
21:SRI SUBASH CHANDRA NATH
PROMOTED HEAD MASTER
MOTHER TERESA INSTITUTE
M.E. SCHOOL
RATANPUR PART-I
BARSANGAN
PIN - 788117

DIST. CACHAR
ASSAM
22:SRI NIHAR RANJAN DAS
PROMOTED HEAD MASTER
TARUNODOY VIDYANIKETAN
M.E. SCHOOL
NARSINGPUR PART-2
PIN - 788123
DIST. CACHAR
ASSAM
23:MD. KAMARUZZAMAN LASKAR
PROMOTED HEAD MASTER
SURAMA VALLEY
M.E. SCHOOL
HARINAGAR PART-4

KATIGORAH PIN - 788805
                                         Page No.# 36/52


DIST. CACHAR
ASSAM
24:SRI SONAMAL RAJBONGSHI
PROMOTED HEAD MASTER
LAKHICHERRA PUBLIC
M.E. SCHOOL

LAKHI NAGAR 1
LAKHICHERRA
RAJABAZAR
PIN - 788104
DIST. CACHAR
ASSAM
25:SRI SURANJAN BISWAS
PROMOTED HEAD MASTER
CHANDRAMONI INDRAMONI
M.E. SCHOOL

DUDHPATIL PT.7
DUDHPATIL
PIN - 788002

DIST. CACHAR
ASSAM
26:SRI SOBINOY GOSWAMI
PROMOTED HEAD MASTER
DIGENDRA CHANDRA MEMORIAL M.E. SCHOOL

GOBINDAPUR PT.I

KATIGORAH PIN - 788804

DIST. CACHAR
ASSAM
27:SRI CHANDRA KANTA SINGHA
PROMOTED HEAD MASTER
KALAIN M.V. SCHOOL

LAKHIPUR PART-I
KATIGORAH
PIN - 788815

DIST. CACHAR
ASSAM
28:SMTI. SHELLY DAS (DEY)
PROMOTED HEAD MASTER
LATHIGRAM M.E. MADRASSA
                                Page No.# 37/52

LATHIGRAM UDARBOND
PIN - 788030

DIST. CACHAR
ASSAM
29:SRI PRASANTA SHARMA
PROMOTED HEAD MASTER
CHANDPUR PUBLIC
M.E. MADRASSA
CHANDPUR PART-4
BARJATRAPUR
PIN - 788110

DIST. CACHAR
ASSAM
30:MD. SALIM UDDIN BARBHUIYA
PROMOTED HEAD MASTER
BORKHOLA M.E. MADRASSA
BORKHOLA
PIN - 788110.
DIST. CACHAR
ASSAM
31:MD. ABDUL QADIR AHMED
PROMOTED HEAD MASTER
DUDPUR M.E. MADRASSA

DUDPUR PART-3

GANIRGRAM
KATIGORAH
PIN - 788025
DIST. CACHAR
ASSAM
32:MD. MAHMODUL HOQUE LASKAR
PROMOTED HEAD MASTER
NAZATPUR
M.E. MADRASSA
NAZATPUR PART-4
HARINAGAR
PIN - 788805

DIST. CACHAR
ASSAM
33:SRI ABHIJIT NAG
PROMOTED HEAD MASTER
BADRIPAR HINDI
M.E. SCHOOL
                                Page No.# 38/52

VILL- BADRIPAR PART-1
PIN - 788009

DIST. CACHAR
ASSAM
34:SRI PRADIP KR. ROY
PROMOTED HEAD MASTER
SAL MADRIPAR M.E. SCHOOL
VILL- CHANDRAPUR PART-1

PIN - 788101

DIST. CACHAR
ASSAM
35:MD. IBRAHIM ALI BARBHUIYA
PROMOTED HEAD MASTER
BAGEHAR NH M.E. SCHOOL

VILL- GOBINDAPUR PART-1

PIN- 788101

DIST. CACHAR
ASSAM
36:SRI LAKHIMONI SINGHA
PROMOTED HEAD MASTER
SHIBPUR M.E. SCHOOL

VILL- SHIBPUR PART-1

PIN - 788098
DIST. CACHAR
ASSAM
37:MD. SAIF UDDIN AHMED
PROMOTED HEAD MASTER
DIDARKUSH M.E. MADRASSA
VILL- SOUTH DIDARKUSH
PIN - 788099

DIST. CACHAR
ASSAM
38:MD. NAZIM UDDIN
PRIMOTED HEAD MASTER
AHOMODIA M.E. MADRASSA
VILL- BEHARA PART-6
PIN - 788808
DIST. CACHAR
ASSAM
                                     Page No.# 39/52

39:MD. G.M. IFTIKAR AHMED LASKAR
PROMOTED HEAD MASTER
GOSSAIPUR NEHRU MV SCHOOL
VILL- GOSSAIPUR PART-3

PIN - 788030
DIST. CACHAR
ASSAM
40:MD. SAHARIAR HUSSAIN BARBHUIYA

PROMOTED HEAD MASTER
SONAI M.V. SCHOOL

VILL- TULAGRAM PART-1

PIN - 788119

DIST. CACHAR
ASSAM
41:SMTI. INDIRA SINHA
PROMOTED HEAD MASTER
UMATARA GIRLS MV SCHOOL

VILL- SADAGRAM PIN - 788114

DIST. CACHAR
ASSAM
42:SRI MANINDRA SINGHA
PROMOTED HEAD MASTER
KIM HAZARI M.E. SCHOOL

VILL- TARAPUR PART-6
PIN - 788003
DIST. CACHAR
ASSAM
43:MD. JAHRUL HOQUE LASKAR
PROMOTED HEAD MASTER
ATALBASTI M.E. SCHOOL

VILL- AMBIKAPUR PART-6
PIN - 788014
DIST. CACHAR
ASSAM
44:MD. RAFIQUE UDDIN BARBHUIYA
PROMOTED HEAD MASTER
MUKAMTAL M.E. SCHOOL

VILL- SRIKONA PART-2
                                    Page No.# 40/52


PIN - 788026
DIST. CACHAR
ASSAM
45:SRI RAJSEKHAR DUTTA
PROMOTED HEAD MASTER
MOHANLAL M.E. SCHOOL

VILL- BARJALENGA PART-2
PIN - 788117
DIST. CACHAR
ASSAM
46:MD. SALIM UDDIN BARBHUIYA
PROMOTED HEAD MASTER

AHAD AHMED ME SCHOOL
VILL- SAIDPUR PART-3

PIN - 788013

DIST. CACHAR
ASSAM
47:SRI GOURANGA SHARMA CHOUDHURY
PROMOTED HEAD MASTER

SANJAY GANDHI ME SCHOOL
VILL- PANIRMUKH
PALONGHAT
PIN - 788123

DIST. CACHAR
ASSAM
48:SRI NABAJYOTI DEB
PROMOTED HEAD MASTER

BAGBAHAR JOY NITAI
ME SCHOOL
VILL- BAGBAHAR PART-2
PIN - 788113

DIST. CACHAR
ASSAM
49:SRI SUPRIYA DHAR
PROMOTED HEAD MASTER

NUTAN KANCHANPUR
ME SCHOOL
VILL- NUTAN KANCHANPUR
                                                               Page No.# 41/52

     PIN - 788119
     DIST. CACHAR
     ASSAM
     50:MD. AHMODUL HOQUE MAZUMDER
     PROMOTED HEAD MASTER

     NORTH HAWAITHANG
     ME SCHOOL
     VILL- HAWAITHANG

     PIN - 788120

     DIST. CACHAR
     ASSAM
     51:SRI SUDIP PAUL CHOUDHURY
     PROMOTED HEAD MASTER

     JIBONGRAM ME SCHOOL
     VILL- JIBONGRAM

     PIN - 788114

     DIST. CACHAR
     ASSAM
     52:SRI DIPAK RANJAN DAS
     PROMOTED HEAD MASTER

     SRIDURGA ME SCHOOL
     VILL- NAYAGAON FOREST VILLAGE
     PIN - 788113
     DIST. CACHAR
     ASSAM
     ------------

Advocate for : MR. K N CHOUDHURY Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 51 ORS.

                           BEFORE
          HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

Date of hearing     :   15.06.2023
Date of Judgment    :   24.08.2023
                                                                           Page No.# 42/52


                                  Judgment & Order

Both these writ petitions filed under Article 226 of the Constitution of India being similar, an analogous hearing was done and are being disposed of by this common judgment and order. The basic challenge is with regard to the promotion of the private respondents as Headmaster / Headmistress in different LP/UP Schools in the district of Cachar to the deprivation of the petitioners.

2. Before going to the issue which has arisen for determination, it would be convenient if the facts of the two cases are narrated in brief.

3. While in WP(C)/5250/2017, 8 (Eight) numbers of petitioners have joined together, in WP(C)/5219/2018, 5 (five) numbers of petitioners have joined together. The petitioners are Assistant Teachers / Science Graduate Teachers, who were appointed between 1987 and 1992 in various middle Schools in the district of Cachar. As indicated above, in the first writ petition, promotions of about 149 numbers of Teachers and in the second writ petition, promotions of 46 numbers of Teachers to the post of Headmaster/Headmistress in various Schools in the said district are the subject matter of challenge. Amongst the grounds of challenge, it has been alleged that the impugned promotion orders are in violation of notification dated 02.03.2010 issued by the Education (Elementary) in Department, Assam and there has been violation of the direction passed by this Court in order dated 19.07.2012 passed in WP(C)/402/2012. By the said order, this Court had directed finalization of the Gradation List after its preparation so that the teachers can raise their grievance and may approach the authority to rectify the same. It has also been alleged that a notice dated 23.06.2016 was issued by the District Elementary Education Officer, Cachar whereby a schedule was published for verification of service particulars for preparation of the Gradation List of teachers of middle schools for selection to the post of regular Headmaster / Headmistress. However, the impugned Gradation List which was obtained through RTI application has shown that such list was prepared on 23.06.2016 itself and therefore Page No.# 43/52

the verification exercise was a farce. Specific allegations have been made against certain respondents whose promotions have been shown to be in compliance of certain orders of this Court passed in writ petitions, which however, on verification has been found to be pertaining to some other subject matter / Department and not relevant to the present process at all. It has also been averred that while the criteria for such promotion is seniority-cum-efficiency, persons who are much junior to the petitioners have been promoted whereby the petitioners who are senior Teachers have been deprived of such promotion. Specific allegations have also been made regarding affording of promotion to certain respondents whose names were not even present in the impugned Gradation List.

4. I have heard Shri KN Choudhury, learned Senior Counsel for the petitioners in WP(C)/5219/2018 and Shri SD Purkayastha, learned counsel for the petitioners in WP(C)/5250/2017. I have also heard Shri B. Purkayastha, learned counsel for the respondent nos. 20 & 39 in WP(C)/5219/2018 and the respondent nos. 6, 9, 10, 15, 18, 19, 20, 22, 24, 25, 27, 40, 57, 62, 63, 64, 76, 77, 83, 90, 93 & 119 in WP(C)/5250/2017; Ms. M. Dev, learned counsel for the respondent nos. 81, 82, 91, 109, 125, 131 and 137 in WP(C)/5250/2017 and Shri R. Mazumdar as well as Shri A. Phukan learned Standing Counsel for the Education (Elementary) Department. The materials placed before this Court have been carefully examined.

5. Shri Choudhury, the learned Senior Counsel has contended on behalf of the petitioners that there is no dispute that the criteria for promotion to the post of Headmaster is seniority-cum-efficiency. Attention of this Court has been drawn to an order dated 19.07.2012 passed by this Court in WP(C)/402/2012 in which a direction was given to finalize the Gradation List. On 23.06.2016, a notice was published, giving the schedule for verification whereby three dates were notified. However, on the same date i.e. 23.06.2016 itself, the Gradation List was already published. It is submitted that the entire process adopted, in purported compliance of the direction of this Court was a farce. It is submitted that on 19.08.2017, four numbers of respondents were Page No.# 44/52

selected in which reference has been made to an order dated 19.05.2016 of this Court passed in WP(C)/2393/2016. However, on obtaining the certified copy of the order dated 19.05.2016 passed in the aforesaid writ petition, it was revealed that the order pertains to a different subject altogether. Similarly, another appointment order dated 19.08.2017 pertaining to 6(six) numbers of respondents has been brought on record in which there is a reference to an order dated 19.05.2016 of this Court passed in WP(C)/2733/2016. However, similar to the earlier instance, on obtaining the certified copy of the said order dated 19.05.2016, it was revealed that it pertained to different petitioners and there is a reference to a Gradation List of 22.08.2013. It is further submitted that the allegations, in spite of being serious in nature, there is no rebuttal by the State respondents as no affidavit-in-opposition has been filed in either of the cases.

6. Shri S.D. Purkayastha, learned counsel appearing for the petitioners in WP(C)/5250/2017 has additionally submitted that all information were sought to be obtained under the RTI Act. However, the petitioners were informed that there were no records available regarding the Gradation List. Thereafter, similar information was sought for from the Block Elementary Education Officer and a similar response was there that there was no such List. It has further been contended that such Gradation List were not found either in the Narsingpur Block or Sonai Block or the Katigorah Block. It was only thereafter that the Gradation List was ultimately furnished. An appointment order dated 22.06.2017 has been brought to the notice of this Court which is alleged to be issued in terms of an order dated 19.07.2012 passed by this Court in WP(C)/1828/2012 in respect of respondent nos. 7, 8 and 9. Another appointment letter of the same date is for the respondent nos. 35, 36, 37, 38 and 39 which is also said to be in terms of the said order. However, on obtaining the certified copy, it has been revealed that the said writ petition is relating to a different subject altogether, namely Essential Commodities Act. Shri Purkayastha, the learned counsel has also referred to an appointment order dated 22.06.2017 in respect of, amongst Page No.# 45/52

others, the respondent no. 133, which has been said to be in compliance with an order dated 19.07.2012 of this Court passed in WP(C)/3346/2016. However, subsequently information has been received that the aforesaid writ petition was dismissed on withdrawal on 06.06.2016 and therefore it is submitted that there was no occasion to offer such appointment in absence of any direction of this Court. Similarly, reference has been made to an appointment order dated 22.06.2017, in respect of respondent nos. 15, 16 and 17 which has been said to be in compliance with an order dated 19.07.2012 of this Court passed in WP(C)/1826/2012. However, the said writ petition is pertaining to a matter of transfer of Morigaon district. The said writ petition and order has been taken recourse to even for the appointment of the respondent nos. 40 and 41. The appointments of the respondent nos. 27 to 32 have been made on 05.07.2017, purportedly in compliance with an order dated 19.05.2016 of this Court in WP(C)/2733/2016. It is submitted that though the process of finalization of the Gradation List was initiated in the year 2013, the same was not finalized.

7. Appointments of respondent nos. 46, 66 to 72 as well as for respondent nos. 50, 51, 52, 53, 76 and 78 have been made vide two separate orders of the same date 05.07.2017, which has been issued in purported compliance of an order dated 19.05.2016 of this Court in WP(C)/2733/2016. The appointment orders of the other respondents have also been annexed in this writ petition. It is submitted that by means of 24 numbers of such orders, 84 persons have been given the benefit of promotion by referring to certain orders of this Court passed in different writ petitions. It is submitted that most of the aforesaid writ petitions were not on the subject matter and therefore the basis of such promotions were wholly non-existing. The learned counsel has also referred to an appointment order dated 12.09.2009 in respect of respondent no. 73 who did not meet the requirement of serving for 10 years in the feeder post.

8. Reference has also been made to the Assam FRBN Rules, more particularly Rule Page No.# 46/52

7(1)(d) thereof wherein it has been categorically laid down that there can be no appointments in anticipatory vacancies. The aforesaid Rules have been pressed into service so far as the appointments of respondent nos. 10 and 49 are concerned, as they were given appointment respectively vide orders dated 22.06.2017 and 05.07.2017, whereas the vacancy had arisen on 20.10.2017 and 31.07.2017.

9. The learned counsel submits that with regard to this case, there was publication of notice in the news paper, giving opportunity to all affected parties to contest.

10. Shri Purkayastha, the learned counsel has placed reliance upon the following case laws.

i. Krishan Yadav and Anr. Vs. State of Haryana and Ors. [(1994) 4 SCC 165]

ii. Biswa Ranjan Sahoo and Ors. Vs. Sushanta Kumar Sushanta Kumar Dind and Ors. [(1996) 5 SCC 365]

iii. Ashok Kumar Sonkar Vs. Union of India and Ors. [(2007) 4 SCC 54]

iv. Pramod Kumar Vs. U.P. Secondary Education Services Commission and Ors. [(2008) 7 SCC 153]

v. Nijira Brahma Vs. State of Assam and Ors. [2017 (4) GLT 39]

11. In the case of Krishan Yadav (supra), the Hon'ble Supreme Court was considering a matter where there were very serious allegations of fraud, nepotism and arbitrariness in a recruitment process and accordingly CBI investigation was directed. In the report of the CBI, the allegations were substantiated and under that context, it was held that in a case of such enormous illegalities, individual notice would not be required as "fraud unravels everything". In the case of Biswa Ranjan Sahu (supra), a similar stand was taken wherein mass mal-practice was established in a recruitment Page No.# 47/52

process.

12. In the case of Ashok Kumar (supra), the Hon'ble Supreme Court has held that an illegal appointment is non est in the eyes of law. In the case of Pramod Kumar (supra), it has been laid down that essential educational qualification cannot be compromised in a recruitment process and any appointments made contrary to the statute will be void in law.

13. In the case of Nijira Brahma (supra), this High Court has laid down that publication of a select list is always desirable as such a step attaches more credibility to the selection process.

14. Per contra, Shri R. Mazumdar, learned Standing Counsel, Elementary (Education) Department has submitted that the projection made by the petitioners are not wholly correct. He submits that the first Gradation List was the subject matter of challenge in WP(C)/402/2012, in which this Court vide order dated 19.07.2012 had allowed the same by directing preparation of a fresh Gradation List. Thereafter, WP(C)/2393/2013 was instituted whereby a Select List dated 27.02.2013 was put to challenge. It is however submitted that the said Select List was not acted upon and on the other hand a Gradation List dated 22.08.2013 was there. The learned Standing Counsel has also referred to WP(C)/2733/2013, wherein the Gradation list dated 22.08.2013 was not the subject matter of challenge. However, a subsequent writ petition being WP(C)/3372/2016 was filed challenging the aforesaid Gradation List dated 22.08.2013. However, this Court vide order dated 10.10.2018 has referred the said Graduation List as a Select List which has lost its force. In any case, on 14.06.2016, the Director of Elementary Education had directed the District Elementary Education Officer to prepare fresh Gradation List for which notice was issued on 23.06.2016 giving the schedule for verification. On 29.06.2016, a minutes of meeting was forwarded to the Director.

15. So far as the contention made by the petitioners wherein appointment orders Page No.# 48/52

have been made in purported compliance with certain writ petitions having no relevance, the learned Standing Counsel Shri Majumdar has submitted that there were some inadvertent errors in the orders of promotion. He submits that wherein WP(C)/1828/2012 has been written, the same should have been WP(C)/1825/2012 which was directed to be listed along with the original writ petition, WP(C)/402/2012. The learned Standing Counsel, however fairly submits that the records do not contain a final Gradation List.

16. Opposing the writ petition WP(C)/5250/2017, Shri B. Purkayastha appearing for few of the respondents has submitted that the present writ petition is not in the nature of public interest litigation but filed in individual capacity. He submits that the irregularities alleged are weak and general in nature and therefore this Court should not take cognizance thereof. He submits that out of the petitioners, only a few may have their grievance with regard to their promotion. However, there is cause of action of the other petitioners and therefore the writ petition is not maintainable. He further submits that many of the beneficiaries have retired and some of them have also expired.

17. Ms. M. Dev, learned counsel appearing for few of the respondents in WP(C)/5250/17 has submitted that her clients are all senior to the petitioners. It is submitted that the private respondents had earlier approached the Assam Administrative Tribunal in the year 2009 and thereafter the High Court. It is submitted that after the order dated 19.07.2012 was passed by this Court in WP(C)/402/2012, a Gradation List was published in the year 2013, which was acted upon and the beneficiaries therein are not the respondents. It is further submitted that though 153 numbers of private respondents have been made parties, the challenge is with regard to respondent nos. 6 to 44 only. It is submitted that all her clients are Science Graduate Teachers and have been duly promoted. On the other hand, the petitioner no. 1 is an undergraduate, who has also retired from service. It is also submitted that under the list of 2013, 137 persons were promoted, and all of them have not been Page No.# 49/52

parties. It is also submitted that there is no live cause of action due to subsequent developments as many of the Schools involved have been amalgamated with High/Higher Secondary Schools pursuant to a policy decision of the State vide Office Memorandum dated 22.09.2016. Specific mention has been made that out of seven respondents, six numbers of respondent Schools have been amalgamated with High / Higher Secondary Schools and the Department of Secondary Education has not been made a party. She submits that pursuant to such amalgamation, the said respondents are serving as Assistant Headmaster / Headmistress as per the policy decision.

18. The rival submissions made by the learned counsel for the parties have been duly considered and the materials placed before this Court have also been duly examined. The reconstructed records which have been placed before this Court have also been examined.

19. From the materials on record and from a perusal of the order dated 19.07.2012 of this Court passed in WP(C)/402/2012, it transpires that there is no dispute that there was a direction from the Court to finalize the Gradation List. It is further not in dispute that on 23.06.2016, a notice was issued giving the schedule for verification of the documents in which three dates were given. However, the records would show that such Gradation List was published on the same date i.e. 23.06.2016. Therefore, there is no hesitation to come to a conclusion that the procedure established in law for finalization of a Gradation List was not followed. There was no effective scope or opportunity to deal with any objections by any aggrieved party regarding their position in the Gradation List vis-a-vis other persons in the list.

20. The next contention is that apart from making promotions from the so-called Gradation List which has been prepared in purported compliance of directions of this Court, many promotions have been shown to be made as per direction of this Court in different writ petitions. The categorical case projected by the petitioners is that on obtaining certified copies of the orders of the Court, based upon which the promotions Page No.# 50/52

have been made, the said orders of this Court were pertaining to a different subject matter altogether. The submission is therefore that in the garb of compliance of certain orders of this Court, favoritism has been resorted to by making promotions of persons, who were not deserving. This Court is of the opinion that ex facie the aforesaid submission appears to be correct as the certified copies of the orders of this Court, which finds mention in the orders of promotion are of different subject matters. However, the said anomalies have been explained by Shri Majumdar, the learned Standing Counsel of the Department. He submits that while issuing the promotion orders, there has been certain inadvertent typographical error in referring to the case numbers of the writ petitions in which directions were given. He submits that for instance, WP(C)/1828/2012 was referred to which should have been WP(C)/1825/2012 and in the said writ petition, there was a direction to be linked with the original writ petition, namely WP(C)/402/2012. This Court has also considered the submission of Shri Mazumdar, learned counsel that a common order dated 19.05.2016 was passed in a number of writ petitions namely WP(C)/2733/2016, WP(C)/2393/2013, WP(C)/7485/2013, WP(C)/3829/2014, WP(C)/2651/2015, WP(C)/1553/2015 and WP(C)/3517/2015.

21. The principal ground of challenge is non-finalization of the Gradation List before making the promotions to the post of Headmaster/Headmistress. Though the importance of a Gradation List in a matter of promotion cannot be questioned, the criteria for promotion is seniority-cum-efficiency. The case laws which have been cited on behalf of the petitioners mainly pertain to Select List for the purpose of appointment. However, there is a considerable difference between a Select List and a Gradation List. Whereas a person empanelled in a Select List may have a cause of action to be espoused when persons below him have been given appointment or that the selection was vitiated by fraud. However, a Gradation List only provides the names of the incumbents in the feeder cadre and such candidates are considered for promotion by applying the criteria and in the instant case, such criteria is seniority-

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cum-efficiency. This Court also cannot be oblivious of the fact that the Gradation List is of the year 2016 and promotions were made based upon such Gradation List in the year 2017 and in the meantime, almost 6(six) years have passed. Though there was no delay of the petitioners in approaching the Court, in the meantime, there have been many developments as many of the School involved have been amalgamated with High Schools and the incumbents who were promoted to the post of Headmaster in the LP/UP Schools were given the appointment of Assistant Headmaster in the amalgamated School as per the Office Memorandum dated 22.09.2016. It is also not in dispute that many of the private respondents have retired from service and few of them have also expired. It also transpires that the issue of seniority of the petitioners vis-a-vis the private respondents, is a disputed one and in fact, there are categorical statements that respondent nos. 81, 82, 91, 109, 125, 131 and 137 in WP(C)/5250/2017 are senior to the petitioners in the said case.

22. In view of the aforesaid discussion, interfering with the appointment orders after a considerable length of time of more than six years which were done on the basis of a Gradation List of the year 2016 may not be in the public interest. At the same time, the rights, if any of the petitioners cannot be allowed to be infringed. Therefore, without interfering with the appointments of the private respondents, this Court is of the opinion that interest of justice would be served and the equities would be balanced if the cases of the petitioners in these two writ petitions are directed to be considered for their promotion to the next higher post of Headmaster / Headmistress and if such promotions are to be made in any amalgamated Schools, to the post of Assistant Headmaster / Headmistress in such amalgamated Schools. Accordingly, the petitioners may submit necessary applications before the director of elementary education / secondary education with documents to show that they are senior to any of the incumbents who were promoted pursuant to the Gradation list of 2016 and in that event, after verification, such of the petitioners are to be considered for promotion to the higher post as mentioned above by applying the prescribed Page No.# 52/52

criteria of seniority cum efficiency and thereafter the candidates found suitable be offered the promotion. The aforementioned exercise be completed expeditiously and within a period of three months from the date of furnishing of certified copies of this order.

23. Both these writ petitions accordingly stand disposed of.

24. No order as to cost.

25. The reconstructed records be returned to the learned Standing Counsel.

JUDGE

Comparing Assistant