Page No.# 1/ vs The State Of Assam And 4 Ors on 6 April, 2026

Author: Nelson Sailo

Bench: Nelson Sailo

                                                               Page No.# 1/11

GAHC010070642026




                                                         undefined

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

                         Case No. : WP(C)/1987/2026

         SYED ATAUR RAHMAN AND 28 ORS
         HEAD MASTER OF PUB KAMRUP JANATA HIGH SCHOOL, R/O, VILL- NO.2
         GORESWAR, P.O- GORESWAR, DIST- TAMULPUR, PIN- 781366, ASSAM

         2: SRI JWNGSAR KHUNGUR MACHAHARY
          SON OF LATE KALI RAM MACHAHARY
          HEAD MASTER OF PAMUAPATHAR HIGH SCHOOL
          RESIDENT OF VILL- BAGULAMARI
          P/O- BAGULAMARI
          DIST- BAKSA
          PIN- 781344
         ASSAM

         3: MD TAZUDDIN AHMED
          HEAD MASTER OF KAURBAHA NABA MILAN HIGH SCHOOL
          S/O- LATE ZAHARUDDIN AHMED
          R/O- VILL- MADAIKATA
          P.O- DHEPARGAON
          DIST- TAMULPUR
          PIN- 781354
         ASSAM

         4: SRI RABIN TALUKDAR
          HEAD MASTER OF KAKLABARI GIRL HIGHER SECONDARY SCHOOL
          S/O- LATE PUSPA RAM TALUKDAR
          R/O- VILL- GHATBAN
          P.O- BAMAGHATA
          DIST- BAJALI PIN- 781325
         ASSAM

         5: SRI PHULEN CHANDRA DAS
          HEAD MASTER OF SRI SRI SANKARDEV HIGH SCHOOL
          S/O LATE RAMAKANTA DAS
          R/O- VILL- JALAGAON
                                                     Page No.# 2/11

P/O- JALAGAON
P/S- SIMLA
DIST-BAKSA
PIN- 781333
ASSAM

6: SRI BHABANI PATOWARY
W/O BASANTA DAS
 HEAD MASTER OF CHAPARA NAKUCHI MILAN HIGH SCHOOL
 RESIDENT OF VILL- TIHU TOWN
WARD NO-2
 P/O- TIHU
 P/S- TIHU
 DIST- NALBARI
 PIN- 781371
ASSAM

7: MRS MAKAN BARMAN
W/O SRI RATAN DAS
 HEAD MASTER OF SINGIMARI HIGH SCHOOL
 RESIDENT OF VILL- GHOGMARI
 P/O- KACHUBARI
 DIST- TAMULPUR
 PIN- 781367
ASSAM

8: MRS RITA MISRA
W/O- SRI NAVAJIT SARMA
 HEAD MASTER OF GARAMDEW HIGH SCHOOL
 RESIDENT OF VILL- GARAMDEW
 P/O- GARAMDEW
 DIST- BAKSA
 PIN- 781377
ASSAM.

9: SRI BIPUL CHANDRA KALITA
 S/O LATE RAKHORAM KALITA
 HEAD MASTER OF MADHYAM BIJNI HIGH SCHOOL
 RESIDENT OF VILL- BARLIANGMASKHOWAPARA
 P/O- BALIANG
 DIST- BAJALI
 PIN- 781325
ASSAM

10: SRI NARESWAR DAS
 S/O- LATE HARENDRA NATH DAS
 HEAD MASTER OF SANTIMANDIR HIGH SCHOOL
 R/O- VILL- ODALGURI
                                                      Page No.# 3/11

P/O- ODALGURI
DIST-BAJALI
PIN- 781325
ASSAM

11: SRI DEBABRAT CHANDRA DAS
 S/O - LATE MALIN CHANDRA DAS
 HEAD MASTER OF MAIRAJHAR BRAHMAMAYEE HIGH SCHOOL
 VILL- MAIRAJHAR
 P/O- MAIRAJHAR
 DIST- BAKSA
 PIN- 781315
ASSAM

12: SRI HAREKRISHNA PATHAK
 S/O LATE LOHIT CHANDRA PATHAK
 HEAD MASTER NAMATI ANCHALIK HIGH SCHOOL
 BHURKUCHI
 P.O- NIZ NAMATI
 DIS- NALBARI
 PIN-781355
ASSAM

13: SRI PROBIN BORO
 S/O- LATE MULA RAM BORO
 HEAD MASTER OF BAPUJEE HIGH SCHOOL
 R/O- BARIMAKHA
 P/O- BUNBARI
 DIST- BAKSA
 PIN- 781372
ASSAM

14: PRAMILA BASUMATARY
 D/O LATE KALA RAM BASUMATARY
 HEAD MISTRESS OF ALARI HIGH SCHOOL
 R/O VILL- NO.1 SILAKUTI
 P.O- BARIMAKHA
 DIST- BAKSA
 PIN- 781333 ASSAM

15: CHABIN GAYARI
 S/O LATE MAHINDRA GAYARI
 HEAD MASTER OF SILBARI HIGH SCHOOL R/O VILL- BANDHASIDHANI
GARH
 P/O- BAGHMARA
 DIST- BAKSA PIN- 781328
ASSAM
                                                     Page No.# 4/11

16: KANDARPA HUZURI
 S/O SRI DHARMA HUJURI
 R/O- VILL- KHAGARABARI
 P/O- KHAGARABARI
 DIST- BAKSA PIN- 781344
ASSAM

17: GAUTAM RAJBANGSHI
 HEAD MASTER OF SABHA RAM DAS HIGH SCHOOL S/O LATE JARANI
RAJBONGSHI
 R/O VILL- ANANDAPUR
 P.O- NIZ-BANGALIPARA
 P.S- BARBARI
 DIST- BAKSA
 PIN- 781333
ASSAM

18: SRI ARABINDA DEKA
 HEAD MASTER OF PUB KAURBAHA HIGH SCHOOL
 S/O- LATE JANA RAM DEKA
 R/O- VILL- NO.2 GORESWAR
 P.O- GORESWAR
 DIST- TAMULPUR PIN- 781366
ASSAM

19: PRADEP NATH
 HEAD MASTER OF BHASKARJYOTI GIRLS HIGH SCHOOL
 S/O- LATE JATINDRA DEBNATH
 R/O VILL- RANGAFALI
 P/O- NAHERBARI
 DIST- NALBARI
 PIN- 781349
ASSAM

20: MD HADAYAT ULLAH
 HEAD MASTER OF GORESWAR HIGH SCHOOL
 S/O- LATE HAJI AFTABUDDIN AHMED
 R/O- VILL- SAPEKHATI
 P.O- MOHAJANPARA
 DIST- KAMRUP
 PIN- 781366
ASSAM

21: MD ABDUL GAFUR KHAN
 HEAD MASTER OF KAURPARA HIGH SCHOOL
 S/O ABDUL HAMID KHAN
 R/O VILL- KAURAPARA
 P.O- SUKMANAH
                                                        Page No.# 5/11

DIST- BAKSA
PIN- 781316
ASSAM

22: PRATAP CHANDRA DAS
 HEAD MASTER OF DHOLKUCHI HIGH SCHOOL
 S/O- LATE TIKA RAM DAS
 R/O- VILL- NO2 HACHANG
 P.O- MADHUKUCHI
 P.O- RANGIA
 PIN- 781354
 DIST- KAMRUP
ASSAM

23: RANJIT KUMAR MITRA
 HEAD MASTER OF BENTA HIGH SCHOOL
 S/O- NARESH MITRA
 R/O- VILL- SILKIGHAR
 P.O- SILKIGHAR
 DIST- TAMULPUR
 PIN- 781366
ASSAM

24: BINALI NARZARY
 OLD
W/O TAPAN BASUMATARY
 HEAD MASTER OF J.N.D MILAN HIGH SCHOOL
 R/O- VILL JOKMARI
 DISTRICT BAKSA
 P.O- NIZ DEFELI
ASSAM
 781367

25: NRIPEN PATHAK
 OLD
 S/O LATE RATNESWAR PATHAK
 HEAD MASTER OF SHRI SHRI LAKSHMI HIGH SCHOOL
 UZIRBARI
 R/O- VILL CHANTAPARA
 DISTRICT BAKSA
 P.O-THAMNA
ASSAM
 781377

26: CHIJEN GAYARI
 OLD
 S/O BAISHYA GOYARY
 HEAD MASTER OF H.M. HIMGIRI BODO MEDIUM HIGH SCHOOL
                                                      Page No.# 6/11

R/O- VILL KHUNTAMARI
P.O- BETBARI
P.S- SIMLA
ASSAM
781327

27: SANJAY KALITA
 OLD
 S/O DHANESWAR KALITA
 HEAD MASTER OF BETNA KAURBAHA MILAN HIGH SCHOOL
 R/O- VILL NO.2 GORESWAR
 P.O GORESWAR
 DIST TAMULPUR
ASSAM
 781366

28: MANESWAR BORO
 OLD
 S/O DEBENDRA NATH BARO
 HEAD MASTER OF JOY BHADRA HAGJER BODO HIGH SCHOOL
 R/O- VILL MURKUCHIAPARA
 P.O NIZ BANGALIPARA
 P.S BARAMA
 DIST BAKSA
ASSAM
 781333

29: SANJAY KUMAR MEDHI
 OLD
 S/O LATE SURJYA MEDHI
 HEAD MASTER OF SIRAL VIDYAPITH HIGH SCHOOL
 R/O- VILL KHAGRABARI
 P.O KHAGRABARI
 DIST BAKSA
ASSAM

VERSUS

THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO GOVT. OF
ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI,
ASSAM, 781006.

2:THE SECRETARY
 BODOLAND TERRITORIAL COUNCIL
 KOKRAJHAR
 P.O. AND DIST. KOKRAJHAR
ASSAM
                                                                    Page No.# 7/11

             783370.

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

            4:THE SECRETARY EDUCATION DEPARTMENT CUM CHAIRMAN
            DEPARTMENTAL SELECTION COMMITTEE
             BTC
             KOKRAJHAR
            ASSAM
             783370.

            5:THE INSPECTOR OF SCHOOLS
             BAKSA DISTRICT CIRCLE
             MUSHALPUR
             P.O. AND DIST MUSHALPUR
            ASSAM
             781372

Advocate for the Petitioner   : MR. P MAHANTA, A GOSWAMI

Advocate for the Respondent : GA, ASSAM, SC, EDU,SC, BTC




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                        ORDER

Date : 06-04-2026

Heard Mr. P Mahanta, learned counsel for the petitioners, who submits that in the Bodoland Territorial Region (BTR), a selection was made for promotion of teachers to the post of Headmaster/Headmistress. The BTR comprises of Baksa, Kokrajhar, Chirang and Udalguri districts and the petitioners in this case are concerned with the Baksa district. He submits that pursuant to the Departmental Promotion Committee (DPC) conducted on 04.03.2024 about 172 (one seventy two) teachers approximately have Page No.# 8/11

been promoted to the post of Headmaster/Headmistress, including the present petitioners and they have been serving for the last 2 (two) years as such. However, a certain number of teachers aggrieved with the promotion process approached this Court by filing a writ petition being WP(C) 1735/2024 and other similar writ petitions. The lead case being WP(C) 1735/2024 came to be disposed of by common judgment and order dated 12.06.2025. Referring to the said judgment and order, the learned counsel submits that the Court came to the finding that Rule 14 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (hereinafter referred to as the Rules of 2018) had not been complied with regard to the petitioners and therefore, respondent authorities were directed to reconsider the case in terms of the Rules of 2018. Upon such consideration, if the petitioners were found to be senior to any other persons, who have been selected, such persons will have to give way to the petitioners to make their appointments. It was also directed that the select list pertains to the entire district of Baksa and therefore displacement should be done from the bottom of the list of the already selected candidates.

The learned counsel for the petitioners submits that pursuant to the said direction, several other writ petitions were also disposed of in similar lines and the respondent authorities concerned ultimately came to an understanding that since the selection process was done in violation of the Rules of 2018, the recommendation and selection made by the DPC in respect of Baksa district should be cancelled and be done afresh. Accordingly, the respondent authorities concerned have issued the impugned Communication dated 12.03.2026 (Annexure-G) for cancellation of the recommendation of promotion of Headmaster/Headmistress under the Baksa district in terms of the DPC dated Page No.# 9/11

04.03.2024.

The learned counsel for the petitioner submits that the impugned action is wholly unnecessary, in view of the fact that Court had only directed consideration of the petitioners, who had approached this Court in terms of Rule 14 of the Rules of 2018 and had not directed displacement of the petitioners by withdrawing the recommendation made in their favour. All that was directed was that upon such re-consideration, if the petitioners who had approached this Court were found to be senior and eligible to the others, who have been recommended and selected, they should be adjusted by making a displacement from the bottom of the list. The learned counsel submits that as per the information of the petitioners there are as many as more than 35 (thirty five) vacancies available, whereas only 27 (twenty seven) petitioners had approached this Court. Therefore, there is no logic behind recalling or cancelling the recommendation made by the DPC dated 04.03.2024, which was cancelled in respect of Baksa district only, while the recommendation was for the entire 4 (four) districts. To support his submission, Mr. Mahanta, learned counsel for the petitioners has relied upon the cases of Rajesh Kumar & Ors. vs. State of Bihar & Ors., reported in (2013) 4 SCC 690, more particularly paragraph 20 and Vikas Pratap Singh & Ors. vs. State of Chattisgarh & Ors ., reported in (2013) 14 SCC 494, more particularly paragraphs 27 & 28. The learned counsel thus submits that pending final consideration of the writ petition, the impugned Communication dated 12.03.2026 may be stayed.

Per contra, Ms. N Choudhury, learned Standing Counsel, BTC, at this stage submits that since Rule 14 of the Rules of 2018 has not been followed, as held by this Court, the entire process has to be reconsidered and therefore, the Page No.# 10/11

impugned Communication was issued. She submits that apart from the petitioners mentioned in the impugned order, other persons have also approached this Court through WP(C) 4161/2025 and in view of the earlier order passed by this Court, the said writ petition was also disposed of in similar lines. Therefore, the case is not only limited to the case of the petitioners herein but also all other similarly situated persons. She submits that the petitioners can very well participate in the selection process proposed to be held and they cannot have any legitimate grievance against the action being taken, in view of the decision made by this Court in the earlier round of litigation.

From the above projection, the issue to be considered is as to whether reconsideration can be done for promotion to the post of Headmaster/Headmistress solely in respect of Baksa district, while the DPC was admittedly held on 04.03.2024 for all the 4 (four) districts. Secondly, whether the case of those candidates, who claimed to be senior to the appointed persons can be considered without displacing those who have been already appointed, in view of the observation of this Court that displacement has to be done from the bottom of the list. In other words, there may be persons who are already appointed but who are infact senior to the petitioners, claiming for reconsideration by a fresh DPC.

Considering the above projection and the issue to be decided, the matter requires further deliberation and therefore, let notice of motion be issued, returnable by 3 (three) weeks.

Ms. N Choudhury, learned Standing Counsel, BTC accepts notice on behalf of respondent Nos. 2 to 5 while Ms. R Barooah, learned Standing Counsel, Secondary Education Department accepts notice on behalf of respondent No. 1.

Page No.# 11/11

Notice is therefore complete.

Petitioners to furnish requisite extra copies of the writ petition to the learned counsels appearing for the respondents today within 2 (two) days.

List the matter again on 27.04.2026.

Considering the above submissions made, Court finds a prima-facie case for granting a interim order. Accordingly, status-quo, as on date shall be maintained in case of the petitioners.

An attempt shall be made for final disposal of the writ petition provided the Standing Counsel, BTC obtain all the necessary instructions by the next date.

JUDGE

Comparing Assistant