Gauhati High Court
Page No.# 1/4 vs Mamata Hojai on 15 July, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010204482022
2025:GAU-AS:9074
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/565/2022
SHANTANU KUMAR DAS
S/O- LT. SUKUMAR DAS,
R/O. A.C. SEN ROAD,
P.O./ P.S.- KARIMGANJ,
DISTRICT- KARIMGANJ, ASSAM,
PIN NO.- 788710.
VERSUS
MAMATA HOJAI, A.E.S. AND ANR
THE DIRECTOR, GOVT. OF ASSAM,
SECONDARY EDUCATION, ASSAM,
KAHILIPARA, GUWAHATI- 781019.
2:ANUP KUMAR DAS
THE INSPECTOR OF SCHOOLS
CDC
KARIMGANJ DISTRICT CIRCLE
KARIMGANJ
P.O- AND DISTRICT- KARIMGANJ.
ASSAM
PIN- 788710
Advocate for the Petitioner : MS N SAIKIA, MRS. P GOSWAMI
Advocate for the Respondent : MR S M T CHISTIE (R1), MR. D SAIKIA (R1)
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BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
15.07.2025
Heard Mr. M.Z. Rahman, learned counsel appearing on behalf of Ms. N.
Saikia, learned counsel for the petitioner.
2. This Court, vide interim order dated 09.09.2022 passed in WP(C) No.
5914/2022, had suspended the impugned order dated 26.08.2022 issued by the
Director of Secondary Education, Assam, allowing the respondent No.5 therein
to hold the charge of Principal of Budhan H.S. School, Karimganj District till the
next returnable date.
3. Mr. S.M.T. Chistie, learned counsel for the respondent No.1 submits that
WP(C) No. 5914/2022 had been disposed of vide judgment and order dated
18.04.2024 and in terms of the said judgment and order, this Court had held
that the petitioner did not have the requisite eligibility criteria under Rule 12(3)
of the Assam Secondary Education (Provincialized School) Rules, 2018 to hold
the charge of the post of Principal of the school. However, in view of the
submission made by the petitioner's counsel in WP(C) No. 5914/2022, the
Director of Secondary Education, Assam was to examine whether the
respondent No.5 fulfilled the eligibility criteria for the purpose of recruitment to
the post of Principal and if it was found that the respondent No.5 was eligible to
be recruited to the post of Principal, the respondent No.5 would be allowed to
continue to hold the charge of the post of the Principal of the school till a
regular incumbent was recruited against the said post.
4. Mr. S.M.T. Chistie, learned counsel for the respondent No.1 has produced
the Order No.E-505261/253 dated 16.07.2024, issued by the Director of
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Secondary Education, Assam, which shows that the respondent No.5 in WP(C)
No. 5914/2022 has been allowed to hold the charge of Principal of the said
school in addition to her normal duties as Hindi Teacher under F.R. 49(C).
5. The judgment and order dated 18.04.2024 disposing of WP(C)
No.5914/2022 has not been made a part of the record by the petitioner,
inasmuch as, the contempt petition is against the interim order only. The
petitioner not having the eligibility criteria for recruitment to the post Principal,
there is no question of contempt being made out against the respondents in
terms of the interim order dated 09.09.2022 passed in WP(C) No. 5914/2022.
6. Paragraph Nos. 13 & 14 of the judgment and order dated 18.04.2024
passed in WP(C) No. 5914/2022 states as follows:-
"13. Having considered the rival submissions as made by the parties, this Court
in view of the conclusions as reached hereinabove is of the considered view that
the petitioner having not acquired the requisite eligibility criteria as mandated
under the provisions of Rule 12(3) of the said Rules of 2018 was rightly not
allowed by the respondent authorities to hold the charge of the post of Principal
of the said School and the same cannot be said to be erroneous and it does not
call for any interference by this Court. However, considering the submissions
made by Ms. N. Saikia questioning the eligibility of the Respondent No.5 to hold
the post of Principal in the said school, this Court while not interfering with the
order dated 26.08.2022 directs the Director of Secondary Education, Assam to
examine as to whether the respondent No.5 herein fulfills the eligibility criteria
as mandated for the purpose of recruitment to the post of Principal and upon
such examination being made and on satisfaction drawn that the respondent
No.5 is eligible in terms of the provisions of Rule 12(3) of the Rules of 2018 for
recruitment to the post of principal of the school in question, shall proceed to
allow the said respondent No.5 to continue to hold the charge of the post of
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Principal of the School in question in terms of the order dated 26.08.2022 till a
regular incumbent is so recruited against the said post. Till the above exercise is
completed, the jurisdictional Inspector of Schools shall be allowed to continue
to hold the charge of the said post.
14. The said exercise be initiated and concluded by the Director of the
Secondary Education, Assam and appropriate orders passed thereon within a
period of 1 (one) month from the date of receipt of certified copy of this order
either from the petitioner herein or from the respondent no.5."
7. The Order No.E-505261/253 dated 16.07.2024 issued by the Director of
Secondary Education, Assam is made a part of the record and marked as
Annexure-X.
8. In view of paragraph No. 13 of the judgment and order dated 18.04.2024
passed in WP(C) No. 5914/2022 and Annexure-X, no case of contempt has been
made out. The contempt petition is accordingly closed.
JUDGE
Comparing Assistant
