Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 3 Ors on 17 February, 2025
Page No.# 1/7
GAHC010168962019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5182/2019
PANKAJ LAL ROY AND 6 ORS.
S/O- LT PROMODE CH. ROY, R/O- VILL- LAKSHMINAGAR, DIST-
KARIMGANJ, ASSAM, PIN- 788166
2: SITENDRA CHANDRA ROY
S/O- LT SUDHANYA CH. ROY
R/O- BALICHERRA
P.O. R.K.NAGAR
DIST- KARIMGANJ
ASSAM
PIN- 788166
3: JIBETOSH NATH
S/O- JITENDRA KR. NATH
R/O- VILL- NAIRGRAM
P.O. NAIRGRAM
DIST- KARIMGANJ
ASSAM
PIN- 788713
4: NIRMAL MUKHERJEE
S/O- LT RADHIKA BALLAV MUKHERJEE
VILL- PANCHDALI
P.O. PANCHDALI
DIST- KARIMGANJ
ASSAM
PIN- 788734
5: SUSHANTA CHAKRABORTY
S/O- LT SAMARENDRA CHAKRABORTY
R/O- THANA ROAD
KARIMGANJ TOWN
P.O. AND DIST- KARIMGANJ
PIN- 788710
Page No.# 2/7
6: GITIMALA BHATTACHARJEE
D/O- LT SHYAMAPADA KUMUDSMRITI
R/O- LANGAI ROAD
KARIMGANJ TOWN
P.O. SETTLEMENT ROAD
DIST- KARIMGANJ
PIN- 788712
7: JAHIR AHMED CHOUDHURY
S/O- LT ABDUL RAZAQUE CHOUDHURY
R/O- BONOMALI ROAD
WARD NO 13
KARIMGANJ TOWN
P.O. AND DIST- KARIMGANJ
ASSAM
PIN- 78871
VERSUS
THE STATE OF ASSAM AND 3 ORS.
TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
EDUCATION (SECONDARY) DEPTT., DISPUR, GHY-6
2:THE DIRECTOR
SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE INSPECTOR OF SCHOOLS
KARIMGANJ DISTRICT COUNCIL
KARIMGANJ
P.O. AND DIST- KARIMGANJ
ASSAM
PIN- 788710
4:NATIONAL COUNCIL FOR TEACHERS EDUCATION (NCET)
HANS BHAWAN WING II
1
BAHADUR SHAH ZAFAR MARG
NEW DELHI- 110002 (REP. BY ITS CHAIRPERSON
Advocate for the Petitioner : MR. M K CHOUDHURY, MR. N HAQUE,DR. B AHMED,MR K
UDDIN,MR. S R BARBHUIYA
Advocate for the Respondent : SC, SEC. EDU., SC, N C T E
Page No.# 3/7
Linked Case : WP(C)/5121/2019
DULAL CH. KALITA AND 8 ORS.
S/O- SRI LOKNATH KALITA
VILL- DAGIAPARA
P.O. HATIMARA
P.S. SIPAJHAR
PIN- 784144
DIST- DARRANG
ASSAM
2: MD. IKBAL HUSSIAN
S/O- ABDUL HAKIM
VILL- BAHABARI
P.O. KHARUPETIA
P.S. KHARUPETIA
PIN- 784115
DIST- DARRANG
ASSAM
3: MAHIDUL HAQUE CHOUDHURY
S/O- MD. HAMID ALI
VILL AND P.O. RANGMAHAL
DIST- KAMRUP (R)
ASSAM
PIN- 781030
4: SANTANU TALUKDAR
S/O- SRI KUMUD CH. TALUKDAR
VILL- PATIDOI VERELA (GARUBANDHA)
P.S. MISSAMARI
PIN- 784506
DIST- SONITPUR
ASSAM
5: SAMIN CH. KALITA
S/O- LT SATISH CH. KALITA
VILL- PURAN BURKA SATRA
PIN- 781382
P.O. KSHUDRA DIMU
DIST- KAMRUP (R)
ASSAM
6: PRABHASH KR. SARMA
Page No.# 4/7
S/O- LT RAMESH CH. SARMA
VILL- GOALPARA
P.O. BALOWA
P.S. BELSOR
PIN- 781310
DIST- NALBARI
ASSAM
7: RABIN KUMAR SARMA
S/O- LT GOLOK CH. SARMA
VILL- NO. 1 BAMUNPARA
P.O. MANGALDAI
PIN- 784125
DIST- DARRANG (ASSAM)
8: MANOJ KR. CHAKRABARTY
C/O- RAJENDRA NATH CHAKRABARTY
VILL AND P.O. GAMARIMURI
P.S. BELSOR
PIN- 781306
DIST- NALBARI
ASSAM
9: HARA KANTA KALITA
S/O- LT SANTI RAM KALITA
VILL- KATAHI
P.O. SANTIPUKHURI
P.S. SIPAJHAR
PIN- 784144
DIST- DARRANG
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPTT.
DISPUR
GHY-6
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
3:THE INSPECTOR OF SCHOOLS
KAMRUP DISTRICT CIRCLE
DADARA
GHY-4
Page No.# 5/7
DIST- KAMRUP (R)
ASSAM
4:THE INSPECTOR OF SCHOOLS
DARRANG DISTRICT CIRCLE
MANGALDOI
DIST- DARRANG
ASSAM
PIN- 784125
5:THE INSPECTOR OF SCHOOLS
SONITPUR DISTRICT CIRCLE
TEZPUR
DIST- SONITPUR
ASSAM
PIN- 784001
6:THE INSPECTOR OF SCHOOLS
NALBARI DISTRICT CIRCLE
NALBARI
DIST- NALBARI
ASSAM
PIN- 781335
------------
Advocate for : MR. M K CHOUDHURY
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 5 ORS.
BEFORE
HON'BLE MR. JUSTICE ROBIN PHUKAN
ORDER
17.02.2025
Heard Mr. M. Sarma, learned counsel for the petitioners. Also heard Mr. N.J.
Khataniar, learned standing counsel, Secondary Education Department, appearing for the
respondent Nos.1--3 and Mr. I. Alam, learned standing counsel, NCTE, appearing for the
respondent No.4.
2. By this common order, it is proposed to dispose of these two writ petitions, being
WP(C) Nos.5182/2019 and 5121/2019, as common issue is involved in both the petitions.
Page No.# 6/7
3. The petitioners in both these writ petitions have prayed for quashing and setting
aside the impugned W.T. Message dated 26.06.2019 (Annexure-11 at page-35 of the
petition) and also the impugned Circular dated 27.06.2019 (Annexure-12 at page-36-37)
issued by the Director of Secondary Education and also to issue direction to the
respondent authorities to hold the interview for the post of Vice Principal in different
Higher Secondary Schools/Higher Secondary and Multipurpose Schools on the basis of the
statement of teachers who have already applied, within the stipulated dates initiated in
terms of the communication dated 05.09.2017 (Annexure-1 at page-21-24) within a time
frame and also restraining the respondent authorities from redoing the exercise of
preparing a fresh list of possible candidates for the post of Vice Principal in different
Higher Secondary Schools/Higher Secondary Multipurpose Schools in the State of Assam
in terms of the circular dated 27.06.2019.
4. Mr. Sarma, learned counsel for the petitioners submits that the issues raised in
these writ petitions have already been dealt with by a Division Bench of this Court in
WP(C) No.8682/2019 and in terms of the direction issued in the WP(C) No.8682/2019,
these two writ petitions may also be disposed of granting similar reliefs to the petitioners
like the petitioners in the WP(C) No.8682/2019.
5. Mr. Khataniar, learned standing counsel for the Secondary Education Department
submits that the issues raised in these two writ petitions are already settled in the WP(C)
No.8682/2019 and as such, both these writ petitions may be disposed of by granting
similar reliefs in the WP(C) No.8682/2019.
6. Having heard the submission of learned Advocates of both the parties, I have
carefully gone through these petitions and the documents placed on record and also
perused the judgment of the Division Bench of this Court in WP(C) No.8682/2019.
7. It appears that in the aforementioned judgment, a Division Bench of this Court has
held in paragraph 64 as under:-
"64. In view of the above, we hereby direct the State Respondents
Page No.# 7/7
to review the provisions of Rule 13 of the Assam Secondary
Education (Provincialized Schools) Service Rules, 2018, in terms of
the discussions and conclusions drawn, hereinabove, for inclusion
of the qualification of B.Ed. Degree as one of the mandatory
qualifications for recruitment to the post of Vice-Principal in the
provincialized Higher Secondary School of the State. The said
review be carried-out and concluded within a period of 2(two)
months from the date of receipt of a certified copy of this order."
8. In view of the decision of the Division Bench, this Court is inclined to dispose of the
present two writ petitions by granting similar reliefs to the present petitioners as granted
to the petitioners in the WP(C) No.8682/2019, in paragraph No.64.
9. In terms of above, both these writ petitions stand disposed of.
Sd/- Robin Phukan
JUDGE
Comparing Assistant
