Page No.# 1/23 vs The State Of Assam And 10 Ors
2025 Latest Caselaw 5237 Gua

Gauhati High Court

Page No.# 1/23 vs The State Of Assam And 10 Ors on 12 June, 2025

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                 Page No.# 1/23

GAHC010063582024




                                                           undefined

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

                        Case No. : WP(C)/1735/2024

         ANOWAR HUSSAIN AND ANR
         GRADUATE TEACHER, NEHRU ANCHALIK H.S., S/O- ASHUR UDDIN
         AHMED, R/O- VILL. AND P.O. GUACHAKUCHI, DIST. BAKSA, ASSAM

         2: MAHESH CH. KALITA
          GRADUATE TEACHER
          NEHRU ANCHALIK H.S.
          S/O- LATE DHANI RAM KALITA
          R/O- VILL.- DEBOCHARA THANGURI
          DIST. BAKSA
         ASSAM
          PIN- 781333

         VERSUS

         THE STATE OF ASSAM AND 10 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-
         781006.

         2:THE DIRECTOR OF EDUCATION

          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR
          P.O. AND DIST. KOKRAJHAR
          ASSAM
          PIN- 783370.

         3:THE SECRETARY EDUCATION DEPARTMENT CUM CHAIRMAN
         DEPARTMENTAL SELECTION COMMITTEE
          B.T.C.
          KOKRAJHAR
         ASSAM
          PIN- 783370.
                                                                      Page No.# 2/23


            4:THE INSPECTOR OF SCHOOLS

             BAKSA DISTRICT CIRCLE
             MUSHALPUR
             P.O. AND DIST. MUSHALPUR
             ASSAM
             PIN- 781372.

            5:APURBA SARMA
             PROMOTED TO GIRISH VIDYAPITH SPL. HIGH SCHOOL


            6:RANJIT BAISHYA
             PROMOTED TO KHARUA MILON HIGH SCHOOL.

            7:RAJU BARMAN
             PROMOTED TO SUNDARPUR HIGH SCHOOL.

            8:KARIM ALI
             PROMOTED TO LAKHIMPUR HIGH SCHOOL.

            9:PRADIP NATH
             PROMOTED TO BHASKARJYOTI GIRLS HIGH SCHOOL.

            10:KANDARPA HUJURI
             PROMOTED TO KHAGRABARI ARUNODOI H.S.

            11:GAUTAM RAJBONGSHI
             PROMOTED TO SUBHA RAM HIGH SCHOOL
             ADDRESS OF RESPONDENT NOS. 5 TO 11 ARE OF OFFICE OF THE
            INSPECTOR OF SCHOOL
             BAKSA
             RESPONDENT NO. 4
             P.O. MUSHALPUR
             DIST. BAKSA
             ASSA

Advocate for the Petitioner   : MR. S Ali, MR K DAS

Advocate for the Respondent : SC, SEC. EDU., P HAZARIKA(R-6,7,8, 9, 10,11),MR P
BHARDWAJ(R-6,7,8, 9, 10,11),T CHAKMA(R-6,7,8, 9,10, 11),FOR CAVEATOR,MR N ALAM,MR
B B NARZARY,SC, BTC
                                        Page No.# 3/23


Linked Case : WP(C)/1856/2024

KESHAB KALITA AND 6 ORS
S/O- ANANDA RAM KALITA

IN-CHARGE HEADMASTER

ANGARDHOWA HIGH SCHOOL

ANGARDHOWA
R/O- VILL. DIHJARI

NALBARI
ASSAM
PIN- 781369.

2: NARAYAN BASUMATARY
S/O- HONGLA RAM BASUMATARY

ASSISTANT TEACHER CUM I/C HEADMASTER

CHAPAGURI KAKLABARI HIGH SCHOOL
BAKSA

R/O- VILL. HAZUWA NEW COLONY

NO. 1 KAKLABARI
KOKILABARI FIRM

JALAH
 BAKSA
 ASSAM- 781330.

3: GADADHAR DAS
S/O- SRI PRASANA DAS

ASSISTANT TEACHER
CUM I/C HEADMASTER

PRAGATI HIGH SCHOOL
SONAPUR (DOOMNI)
BAKSA
ASSAM

R/O- P.O.- GANDHIPUR
BHALUKMARI
BAKSA
                                                   Page No.# 4/23

ASSAM
PIN- 781327.

4: SURENDRA NATH BASUMATARY
S/O- LATE DAUKHA BASUMATARY

IN-CHARGE HEADMASTER

BARBARI NEHRU HIGH SCHOOL

R/O- VILL. AND P.O.- DHANBIL

DIST.- BAKSA
ASSAM
PIN- 781343.

5: HAREN KHERKATARY
S/O- RATNESHWAR KHERKATARY

IN-CHARGE HEADMASTER

RUPAHI HIGH SCHOOL

R/O- VILL. MADHAPUR
BARPETA

ASSAM
PIN- 781318.

6: KABIN CHANDRA BORO
S/O- JONO RAM BORO

IN-CHARGE HEADMASTER OF UTTAR BETNA HIGH SCHOOL
 MAHARIPARA

R/O- CHIRAKHUNDI
DEULKUCHI
DIST.- KAMRUP
PIN- 781354.

7: KEMCHAT BASUMATARY
S/O- CHAMTHALA BASUMATARY

IN-CHARGE HEADMASTER

BARIMAKHA HIGH SCHOOL
BARIMAKHA
                                                  Page No.# 5/23

VILL. AND P.O.- SILAKUTI
DIST.- BAKSA
ASSAM
PIN- 781333.
VERSUS

THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY

TO THE GOVT. OF ASSAM

DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION)

BLOCK-C
ASSAM CIVIL SECRETARIAT

JANATA BHAWAN
 DISPUR
 GUWAHATI

ASSAM
PIN -781006.

2:THE SECRETARY TO THE BTC
 DEPARTMENT OF EDUCATION
BTC
 KOKRAJHAR
ASSAM.

3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI
781019.

4:THE DIRECTOR OF EDUCATION
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
ASSAM.

5:THE INSPECTOR OF SCHOOLS
BAKSA DISTRICT CIRCLE
BAKSA
MUSHALPUR
ASSAM

PIN- 781372.
------------

Page No.# 6/23

Advocate for : MR. A K DUTTA Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 4 ORS

Linked Case : WP(C)/1991/2024

MINATI DAS RAJBONGSHI AND 7 ORS W/O SRI. AMRIT CHANDTA RAJBONGSHI

R/O VILLAGE KHAGRABARI

P.O.KHAGRABARI P.S. BARBARI

DISTRICT BAKSA ASSAM.

2: SRI. PRADIP KUMAR BARO S/O LATE LIBON CHANDRA BARO

R/O VILLAGE BARBARI

P.O. DHANBIL P.S. BARBARI

DISTRICT BAKSA ASSAM.

3: SRI. SUKUMAR BARMAN S/O LATE RABI CHANDRA BARMAN

R/O VILLAGE LACHIMATTARY

P.O. ANANDA BAZAR P.S. SALBARI

DISTRICT BAKSA ASSAM

4: SRI. LOHIT CHANDRA DAS S/O LATE RAMESH CHANDRA DAS

R/O VILLAGE SAUKUCHI

P.O. SAUKUCHI P.S. BARAMA Page No.# 7/23

DISTRICT BAKSA ASSAM

5: SRI. SHIVA NATH DEKA S/O LATE BHABENDRA NATH DEKA R/O VILLAGE TAKURAKUCHI

P.O. BETBARI P.S. SIMLA DISTRICT BAKSA ASSAM

6: SRI. BIJEN SWARGIARY S/O SRI. BISTI SWARGIARY

R/O VILLAGE DAKSHIN BATABARI

P.O. JALAGAON P.S. SIMLA

DISTRICT BAKSA ASSAM

7: SRI. DILIP DAS S/O LATE MAHENDRA DAS

R/O VILLAGE CHARNA

P.O. CHARNA BAZAR P.S. SIMLA

DISTRICT BAKSA ASSAM

8: SRI. PULIN KALITA S/O LATE KHAGENDRA NATH KALITA

R/O VILLAGE BUNBARI

P.O. BUNBARI P.S. MUSHALPUR

DISTRICT BAKSA ASSAM VERSUS

THE STATE OF ASSAM AND 36 ORS Page No.# 8/23

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM

DEPARTMENT OF SCHOOL EDUCATION

DISPUR GUWAHATI 06.

2:THE SECRETARY EDUCATION DEPARTMENT CUM CHAIRMAN OF DEPARTMENTAL PROMOTION COMMITTEE BODOLAND TERRITORIAL COUNCIL (B.T.C.) KOKRAJHAR.

3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL

KOKRAJHAR.

4:INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE MUSHALPUR

5:SECRETARY

FINANCE DEPARTMENT BODOLAND TERRITORIAL COUNCIL KOKRAJHAR.

6:THE STATE SELECTION BOARD THROUGH THE CHAIRMAN I.E. THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM (SECONDARY) EDUCATION DEPARTMENT DISPUR GUWAHATI 6

7:SRI. KAMAKHAYA KALITA HEADMASTER Page No.# 9/23

SWAHID KHARGESWAR TALUKDAR HIGH SCHOOL.

8:SRI. LAKSHMI NANDAN RAJBONGSHI

HEADMASTER KALBARI HIGH SCHOOL

9:SRI. BANAMALI KAKATI HEADMASTER ULUBARI HIGH SCHOOL

10:SRI. KULEN CHANDRA NATH HEADMASTER BARTARI HIGH SCHOOL

11:SRI. APURBA SARMA HEADMASTER

GIRISH VIDYAPITH (SPL) HIGH SCHOOL.

12:SRI. RABEN RABHA HEADMASTER

KHATARBARI HIGH SCHOOL.

13:SRI. RANJIT BAISHYA HEADMASTER KHARUA MILAN HIGH SCHOOL.

14:SRI. RAJU BARMAN HEADMASTER SUNDARPUR HIGH SCHOOL.

15:. SRI. MAJAMMAL HOQUE HEADMASTER UTTAR GOBARDHANA HIGH SCHOOL.

16:SRI. BISWAJIT DAS HEADMASTER PUB KHARIJA BIJNI HIGH SCHOOL.

Page No.# 10/23

17:SRI. KARIM ALI HEADMASTER MANASHA MILAN HIGH SCHOOL.

18:SRI. KANDARPA KUMAR NATH HEADMASTER

LAKHIMI HIGH SCHOOL.

19:SRI MANOJ KUMAR BARO HEADMASTER MADHYA HOWLY BODO MEDIUM HIGH SCHOOL

20:SRI GHANASHYAM DAS HEADMASTER MADHYA HOWLY HIGH SCHOOL

21:MD. TAZUDDIN AHMED HEADMASTER KAURBAHA NAVAMILAN HIGH SCHOOL

22:SRI AMULYA KUMAR DAS HEADMASTER SATI JAYMATI HIGH SCHOOL

23:SRI NAYAN MEDHI HEADMASTER BEBEJIPARA HIGH SCHOOL

24:SRI MARMESWAR BASUMATARY HEADMASTER GOLAGAON HIMACHAL HIGH SCHOOL

25:RABIN TALUKDAR HEADMASTER KOKLABARI GIRLS HIGH SCHOOL

26:SRI. JOGEN CHANDRA RAJBONGSHI

HEADMASTER HIGH BARKHOPA

SCHOOL.

27:SRI. MAKAN BARMAN Page No.# 11/23

HEADMASTER SINGIMARI HIGH SCHOOL GORESWAR.

28:SRI. BIPUL CHANDRA KALITA

HEADMASTER MADHYA BIJNI HIGH SCHOOL.

29:SRI. NARESWAR DAS HEADMASTER SANTI MANDIR HIGH SCHOOL.

30:SRI. DEBABRATA CHANDRA DAS

HEADMASTER

MAIRAJHAR BRAHMAMAYEE HIGH SCHOOL.

31:SRI. CHABIN GOYARY

HEADMASTER SILBARI HIGH SCHOOL

32:SRI. BINALI NARZARY

HEADMASTER JND MILAN HIGH SCHOOL.

33:SRI NRIPEN PATHAK HEADMASTER SRI SRI LAKSHMI HIGH SCHOOL UZIAR BAZARI

34:SRI CHIJEN GOYARI HEADMASTER HIMGIRI BODO MEDIUM HIGH SCHOOL

35:SRI SIRAJ ALI Page No.# 12/23

HEADMASTER KUMARIKATA HIGH SCHOOL KUMARIKATA

36:SRI SANJAY KUMAR MEDHI HEADMASTER BARSIRAL HIGH SCHOOL

37:SRI MAINUL KHANDAKAR HEADMASTER LAKHIMI PATHER HIGH SCHOOL

------------

Advocate for : MR. S K GOSWAMI Advocate for : SC BTC appearing for THE STATE OF ASSAM AND 36 ORS

Linked Case : WP(C)/2339/2024

ANANTA KUMAR ROY SON OF LATE RADHA KANTA ROY ASSISTANT HEADMASTER (RETIRED ON 31.03.2023) FROM JALAH HIGH SCHOOL P.O. JALAHGHAT IN THE DISTRICT OF BAKSA ASSAM PIN- 781327

VERSUS

THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006

2:THE SECRETARY EDUCATION DEPARTMENT - CUM - CHAIRMAN DEPARTMENTAL PROMOTION COMMITTEE BODOLAND TERRITORIAL COUNCIL (BTC) KOKRAJHAR Page No.# 13/23

P.O. AND DISTRICT- KOKRAJHAR ASSAM PIN- 783370

3:THE DIRECTOR OF EDUCATION BODOLAND TERRITORIAL COUNCIL KOKRAJHAR P.O. AND DISTRICT- KOKRAJHAR ASSAM PIN- 783370

4:THE INSPECTOR OF SCHOOLS BAKSA DISTRICT CIRCLE (BDC) MUSHALPUR P.O. AND DISTRICT- MUSHALPUR ASSAM PIN- 781372

5:SHRI APURBA SARMA PROMOTED TO THE POST OF HEAD MASTER AT GIRISH VIDYAPITH SPL. HIGH SCHOOL

6:RANJIT BAISHYA PROMOTED TO THE POST OF HEAD MASTER AT KHARUA MILON HIGH SCHOOL

7:RAJU BARMAN PROMOTED TO THE POST OF HEAD MASTER AT SUNDARPUR HIGH SCHOOL

8:KARIM ALI PROMOTED TO THE POST OF HEAD MASTER AT LAKHIMPUR HIGH SCHOOL

9:PRADIP NATH PROMOTED TO THE POST OF HEAD MASTER AT BHASKARJYOTI GIRLS HIGH SCHOOL

10:KANDARPA HUJURI PROMOTED TO THE POST OF HEAD MASTER AT KHAGRABARI ARUNODOI H.S.

11:GAUTAM RAJBONGSHI PROMOTED TO THE POST OF HEAD MASTER AT SUBHA RAM HIGH SCHOOL ADDRESSES OF RESPONDENT NOS. 5 TO 11 ARE OF OFFICE OF THE INSPECTOR OF SCHOOL BAKSA Page No.# 14/23

RESPONDENT NO.4 P.O. MUSHALPUR DISTRICT- BAKSA ASSAM PIN-

------------

Advocate for : MR. S Ali Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 10 ORS

Linked Case : WP(C)/1736/2024

MRIGENDRA NATH KALITA AND ANR IN-CHARGE HEADMASTER GIRISH VIDYAPITH SPL. HIGH SCHOOL S/O- LATE KHAGENDRA NATH KALITA R/O- VILL.- DALAJANI P.O. ANANDA BAZAR DIST. BAKSA ASSAM

2: RUBUL RAY CHAUDHURY SENIOR MOST GRADUATE TEACHER GIRISH VIDYAPITH SPL. HIGH SCHOOL S/O- LATE GOLOK RAY CHAUDHURY R/O- VILL. AND P.O. DIRUA DIST. BAKSA ASSAM/ VERSUS

THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-781006.

2:THE DIRECTOR OF EDUCATION

BODOLAND TERRITORIAL COUNCIL KOKRAJHAR P.O. AND DIST. KOKRAJHAR ASSAM PIN- 783370.

3:THE SECRETARY EDUCATION DEPARTMENT CUM CHAIRMAN Page No.# 15/23

DEPARTMENTAL SELECTION COMMITTEE B.T.C. KOKRAJHAR ASSAM PIN- 783370.

4:THE INSPECTOR OF SCHOOLS

BAKSA DISTRICT CIRCLE MUSHALPUR P.O. AND DIST. MUSHALPUR ASSAM PIN- 781372.

5:APURBA SARMA PROMOTED TO GIRISH VIDYAPITH SPL. HIGH SCHOOL

6:RANJIT BAISHYA PROMOTED TO KHARUA MILON HIGH SCHOOL.

7:RAJU BARMAN PROMOTED TO SUNDARPUR HIGH SCHOOL.

8:KARIM ALI PROMOTED TO LAKHIMPUR HIGH SCHOOL.

9:PRADIP NATH PROMOTED TO BHASKARJYOTI GIRLS HIGH SCHOOL.

10:KANDARPA HUJURI PROMOTED TO KHAGRABARI ARUNODOI H.S.

11:GAUTAM RAJBONGSHI PROMOTED TO SUBHA RAM HIGH SCHOOL ADDRESS OF RESPONDENT NOS. 5 TO 11 ARE OF OFFICE OF THE INSPECTOR OF SCHOOL BAKSA

P.O. MUSHALPUR DIST. BAKSA ASSAM

------------

Advocate for : MR. S Ali Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 10 ORS Page No.# 16/23

BEFORE

Hon'ble MR. JUSTICE SANJAY KUMAR MEDHI

JUDGMENT & ORDER

Advocates for the petitioners : Shri S. Ali, Advocate Shri B. Purkayastha, Advocate Shri S.K. Goswami, Advocate

Advocates for the respondents : Shri S. Bora, SC, BTC.

Shri B.B. Narzary, Senior Counsel assisted by S. Chouhan, Ms. K. Devi, Shri J. Kalita, Shri P.K. Das.

Date of hearing : 12.06.2025 Date of judgment : 12.06.2025

Considering the subject matter involved and the stand of the BTC made in the affidavit filed in one of the writ petition namely, WP(C)/1735/2024, all these writ petitions are taken up for disposal at the admission stage itself. The same pertains to selection and appointment of the post of Headmasters in provincialised High Schools in the district of Baksa.

2. To state in brief, the petitioners who in total are 20 in numbers in all these 5 (five) petitions are aggrieved by the selection and appointment of the private respondents in a recruitment exercise conducted by the authorities. The primary Page No.# 17/23

ground of challenge is violation of the Rules in question namely, the Assam Secondary Education (Provincialised Schools) Service Rules, 2018. It is contended that Rule 14 of the said Rules laid down the procedure for recruitment of Headmaster / Superintendent and the selection and appointment have been made in gross violation of the said procedure. On the other hand, the stand of the respondent authorities is that there is substantial compliance of the Rules and the most suitable candidates were appointed.

3. I have heard Shri S. Ali, learned counsel for the petitioner in WP(C)/1735/2024, WP(C)/1736/2024 and WP(C)/2339/2024; Shri B. Purkayastha, learned counsel for the petitioner in WP(C)/1856/2024 and Shri S.K. Goswami, learned counsel for the petitioner in WP(C)/1991/2024. I have also heard Shri S. Bora, learned Standing Counsel, BTC; Shri B.B. Narzary, learned Senior Counsel assisted by S. Chouhan, learned counsel for the respondent no. 5 in WP(C)/1735/2024, WP(C)/1736/2024 and WP(C)/2339/2024 and as respondent no. 11 in WP(C)/1991/2024; Ms. K. Devi, learned counsel appearing for the respondent nos. 18, 35 and 36 in WP(C)/1991/2024, Shri J. Kalita, learned counsel for the respondent nos. 22, 23 and 25 in WP(C)/1991/2024 and Shri P.K. Das, learned counsel appearing for the respondent nos. 24, 26 to 34 in WP(C)/1991/2024. Shri Bora, the learned Standing Counsel has clarified that in this bunch of cases, affidavit-in-opposition has been filed in WP(C)/1735/2024 which would cover all the cases. He has also submitted that part of the records is also available with him which however do not contain the note sheets.

4. The learned counsel for the petitioners has drawn the attention of this Page No.# 18/23

Court to Section 14 of the aforesaid Rules and has contended that the selection has to be done on the basis of seniority. Attention of this Court have been drawn to the Gradation List to establish that the petitioners are senior to the private respondents and therefore, they ought to have been selected and appointed unless compelling circumstances existed which also are required to be recorded by the authorities which have not been done. It is submitted that the selection has been done based on the whims and caprices of the authorities in gross violation of the Rules.

5. The learned counsel for the petitioners have referred to the affidavit-in- opposition filed by the BTC which has been mentioned above wherein the Minutes of the Meeting of the Departmental Promotion Committee dated 04.03.2024 has been annexed. It is submitted that the said Minutes has only recorded the eligibility criteria and no reasons have been cited as to how the selection was made or that the rigors of Rule 14 were followed in a strict manner. The learned counsel accordingly submits that the writ petitions be allowed and the petitioners be given the benefit of selection and appointment on the basis of the seniority and in accordance with the Rules holding the field.

6. Per contra, Shri Bora, the learned Standing Counsel has submitted that the Departmental Promotion Committee in its meeting dated 04.03.2024 had deliberated the matter and thereafter had made the selection. He has submitted that the members are experts and opinions rendered by experts may not be interfered by this Court as the same are within the dominion of the said body. He has also submitted that Rules have been substantially complied with.

Page No.# 19/23

7. The learned counsel for the private respondents have endorsed the submission of the learned Standing Counsel, BTC and has contended that and the selection was done in a fair manner. They have further submitted that the private respondents cannot be put at fault as there is no allegation that they do not fulfill the eligibility criteria

8. The rival submissions have been duly considered and the materials placed before this Court have been carefully examined.

9. Rule 14 of the Rules of 2018 lay down the procedure for recruitment to the post of Headmaster / superintendent. For ready reference, the said Rule is extracted herein below:

"14. Recruitment to the post of Head Master/ Superintendent and procedure thereof:-

(1) The post of Headmaster of a High School and Superintendent of a High Madrassa shall be filled up by promotion from the candidates amongst the Graduate Teachers as per District-wise seniority list on the recommendation of the District Selection Committee constituted under Rule 16(2). The selection of Headmaster and Superintendent shall be based upon seniority and satisfactory Annual Confidential Report for last 3 consecutive years as per procedure provider under sub-rule (3): Provided that the seniority of the Graduate Teacher shall be determined from the date of receiving Graduate scale of pay by the respective Assistant Teacher ."

(2) Eligibility for the post of Headmaster/ Superintendent in High School/High Madrassa as the case may be shall be as follows:-

(a) He must be B.A/B.Sc/B.Com with B.T/B.Ed degree from Page No.# 20/23

any recognized University. In respect of Hindi Teacher having degree qualification, the Hindi 'Parangat' and Nishanar' shall be considered instead of B.T/B.Ed

(b) He must have at least 10 years of teaching experience as Graduate Teacher:

Provided that the Graduate teacher shall include the cadre of Assistant Headmaster for the purpose of selection to the post of Headmaster and the seniority of the Assistant Headmaster shall be counted from the date of joining as Graduate Teacher with graduate scale of pay:

Provided further that in case of amalgamated High School where ME/MV school has been amalgamated, the Assistant Headmaster is eligible for selection as Head- master subject to the condition that the incumbent should have at least 15 years of teaching experience as graduate teacher including the period of service in the erstwhile ME/MV School

(3) (i) Before the end of the year the Inspector of Schools shall make an assessment of the number of vacancies to be occurred in the cadres of Headmaster/ Superintendent and to be filled up by promotion in the next year;

(ii) The Inspector of Schools shall call particulars in the prescribed format of the eligible candidates/teachers for filling up of the vacancies through promotion. The Member- Secretary shall hold the process of the applications and submit them to the District Selection Committee;

(iii) The District Selection Committee shall hold interview category wise and prepare a panel of select list double the number of vacancies of the concerned district;

(iv) The select list so prepared by the District Selection Committee shall Page No.# 21/23

be submitted to the State Selection Board, The State Selection Board after necessary verification as may be required, shall prepare a district- wise select list equal to the number of vacancies and publish the same in the office notice Board or in such other places as the Director may consider fit and proper;

(v) After publication of the select list, the Appointing Authority shall issue promotion order from the approved select list;

(vi) The validity of the select list shall not exceed beyond one year from the date of its publication by the Director."

10. The Rule, in clear terms has laid down that the said post would be filled up by promotion from Graduate Teachers on a district wise seniority list on the recommendation of the Selection Committee and the selection of Headmaster and Superintendent shall be based upon the seniority and satisfactory Annual Confidential Report for last 3 (three) consecutive years. The proviso to the aforesaid Rules has also clarified that the seniority of Graduate Teachers would be reckoned from the date of receiving graduate scale of pay by the respective Assistant Teachers.

11. The learned Standing Counsel has contended that Rule 14 (3) is also to be taken into consideration. While such contention may be correct, the criteria is laid down in 14 (1) and Rules 14 (3) is only the procedure to be followed as well as the eligibility conditions including as to how the nos. of vacancies are to be assessed and the particulars of the candidates to be taken into consideration.

12. It is not in dispute that the criteria for such promotion is the seniority and satisfactory Annual Confidential Report.

Page No.# 22/23

13. In all the writ petitions, there is a clear averment that the petitioners are senior to the private respondents in the Gradation List of the district in question, namely, Baksa. So far as WP(C)/1735/2024 is concerned where the affidavit-in- opposition has been filed, such statement has been made in paragraph 21. However, the said averments which forms the fulcrum of the present dispute has not been denied at all. Rather, in paragraph 6 of the said affidavit-in- opposition, the following statement has been made.

"That as regard to the statements made in paragraph 19, 20 and 21 of

the writ petition answering deponent begs to offer no comment."

14. Since the stand of the decision making authorities which is on record has not disputed the very basis of the present challenge and the records placed before this Court would prima facie show that the petitioners are placed above the private respondents, this Court is of the opinion that a case for interference is made out.

15. However, considering that only 20 nos. of petitioners are before this Court, it is directed that the cases of the petitioner be re-considered in terms of their seniority and the procedure laid down in the aforesaid Rule 14 and if they are found to be senior to any persons who have been selected, such persons have to give way to the petitioners to make their appointments. It is further clarified that since the Select List pertains to the entire Baksa district, the displacement has to be done from the bottom of the list of the selected candidates.

Page No.# 23/23

16. The aforesaid exercise be conducted within a period of 2 (two) months from today.

17. Writ petition accordingly stands disposed of.

JUDGE

Comparing Assistant