WP(C)/5484/2024 on 27 March, 2026

GAHC010221352024




                                                                     2026:GAU-AS:4440


                             IN THE GAUHATI HIGH COURT
            (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
                             PRINCIPAL SEAT AT GUWAHATI

                                   WP(C) No. 5484/2024

       Mazaharul Islam,
       S/o Motiul Islam,
       Village-Alitangani, PO-Alitangani,
       PS-Juria, Dist.-Nagaon, Assam,
       Pin-782124.
                                                                        ......Petitioner.

                      -Versus-
       1.       The State of Assam,
                Represented by the Secretary to the
                Government of Assam, School Education Department (Secondary),
                Dispur, Guwahati, Pin-781006.
       2.       The Director Secondary Education,
                Assam, Kahilipara, Pin-781019.
       3.       Inspector of Schools,
                Nagaon District Circle, Dist.-Nagaon, Assam.
       4.       The Selection Board,
                Represented by the Principal-cum-Member Secretary,
                Alitangani Osmania Higher Secondary School,
                PO-Alitangani, Dist.-Nagaon,
                Assam, Pin-782124.
       5.       The Principal-cum-Member Secretary,
                Alitangani Osmania Higher Secondary School,
                PO-Alitangani, Dist.-Nagaon, Assam,
                Pin-782124.
                                                                      ......Respondents.


       For the Petitioner          :      Mr. A.M. Ahmed,
                                          Ms. S. Rahana,
                                          Ms. B. Das,

       WP(C) 5484/2024                                                        Page 1 of 7
                                  P. Ghosh.
                                                                ......Advocates.

For the Respondents       :      Mr. P.P. Dutta, SC, Sec.Edu.
                                                                ......Advocate.


                              BEFORE
                  HON'BLE MR. JUSTICE KARDAK ETE


Date(s) of Hearing                           :-   27.03.2026


Date on which judgment is reserved           :-   N/A


Date of pronouncement of judgment            :-   27.03.2026


Whether the pronouncement is of the          :-   N/A
operative part of the judgment?


Whether the full judgment has been           :-   Yes
pronounced?


                     JUDGMENT AND ORDER (ORAL)

Heard Ms. B. Das, learned counsel for the petitioner and also heard Mr. P.P. Dutta, learned standing counsel, Secondary Education Department, appearing for the respondent Nos.1--3. None appears for the respondent Nos.4 and 5, despite service of notice.

2. This writ petition has been instituted seeking a direction to the respondent authorities to appoint the petitioner against the 1 st vacant Grade-IV post in terms of the selection and recommendation dated

07.11.2012, pursuant to the advertisement issued by the Principal-cum- Member Secretary, Alitangonia Osmania H.S. School, Nagaon.

3. The case of the petitioner in brief, is that he passed Higher Secondary Examination in the year 2012 under Assam Higher Secondary Education Council, Guwahati. Pursuant to the advertisement issued by the Principal- cum-Member Secretary, Alitangonia Osmania H.S. School, Nagaon, published in a local daily newspaper in the year 2012, inviting applications from the eligible candidates for filling up of 2(two) nos. of vacant posts of Grade-IV in the said school, the petitioner applied for the said post. The petitioner along with 23 other candidates participated in the selection process. A select list was prepared by the Selection Board of Alitangonia Osmania H.S. School, Nagaon, on 07.11.2012 showing 24 candidates including the petitioner.

4. In the aforesaid selection process, the petitioner secured 82.75 marks and one Md. Mustak Ahmed secured 81.5 marks. Thus, the petitioner stood 1st position and Md. Mustak Ahmed stood 2nd position as per the merit-cum- selection list.

5. Some persons and Md. Mustak Ahmed approached this Court by filing writ petitions, being WP(C) No.5796/2013 and WP(C) No.7288/2015, challenging the selection process on the ground that the School Management and Development Committee (SMDC), which was responsible for initiating and conducting recruitment process, had illegally selected the President of the said Committee who was not a senior citizen as required under the Rules. The writ petitions were disposed of on 19.11.2019. This Court has held that the proceeding of the Selection Committee for appointment of 2(two) Grade-IV posts cannot be said to be vitiated merely because the President of the School Management and Development Committee was illegally appointed as he did not take part in the said

recruitment process and the proceedings of the Committee. That apart, no other issue has been raised to indicate any irregularity in the proceeding of the said Committee in recommending the persons for appointment to the Grade-IV posts in the said school and thereby directing the respondent authorities to bring aforesaid recruitment process to its logical end by passing appropriate orders and to complete the process within a period of 2(two) months.

6. After series of litigation including the writ proceedings and the subsequent contempt petition, one Md. Mustak Ahmed has been appointed in the 2nd vacant post of Grade-IV as he stood 2nd in the merit-cum-selection list.

7. It is the contention of the learned counsel for the petitioner Ms. Das that the selection and recommendation having been made after due selection process pursuant to the advertisement issued by the competent authority and this Court having been already directed to bring the aforesaid selection process to its logical conclusion, not appointing the petitioner to the post of Grade-IV in the 1st vacant post of Grade-IV pursuant to the due selection process, is arbitrary and illegal. Therefore, the respondent authorities may be directed to appoint the petitioner against the 1 st vacant post of Grade-IV, as he stood 1st position in the merit-cum-selection list.

8. Mr. Dutta, learned standing counsel, Secondary Education Department in his usual fairness submits that there is no dispute as regards the selection process, as the same was carried out pursuant to the advertisement for filling up of 2(two) vacant posts of Grade-IV. It is also not in dispute that the petitioner was selected against the 1st post of Grade-IV and one Md. Mustak Ahmed was selected against the 2nd post of Grade-IV. The appointment of Md. Mustak Ahmed is pursuant to the order of this Court. However, Mr. Dutta submits that since the advertisement and the

selection process was of 2012, the writ petition suffers from delay and latches as the petitioner did not approach this Court within a reasonable time, but only in the year 2024. He submits that the petitioner being a fence-sitter is not entitled for any relief, although he was selected and recommended for the post of Grade-IV pursuant to the selection process.

9. I have considered the submission of learned counsel for the parties and also perused the materials available on record.

10. Pursuant to the advertisement issued by the Principal-cum-Member Secretary, Alitangonia Osmania H.S. School, Nagaon, the petitioner was selected along with one Md. Mustak Ahmed, who stood 1st position in the selection list having been secured 82.75 marks. The name of the petitioner along with one Md. Mustak Ahmed was recommended for appointment to the posts of Grade-IV. In the meantime, some persons and Md. Mustak Ahmed have filed writ petitions assailing the selection process for appointment to the post of Grade-IV in the Alitangonia Osmania H.S. School, Nagaon.

11. This Court by a common order dated 19.11.2019, passed in WP(C) Nos.5796/2013 (Md. Mustaque Ahmed v. State of Assam & Ors.) and 7288/2015 (Md. Abdul Kashem Fareji v. State of Assam & Ors.), has held that proceeding of the Selection Committee for appointment of 2(two) Grade-IV posts cannot be said to be vitiated merely because the President of the School Management and Development Committee was illegally appointed as he did not take part in the said recruitment process and the proceedings of the Committee. This Court has found that no other issue has been raised to indicate any irregularity in the proceeding of the said Committee in recommending the persons for appointment to the Grade-IV posts in the said School and accordingly, the respondent authorities were directed to consider the recommendation made by the SMDC of Alitangonia

Osmania H.S. School, Nagaon and to pass appropriate orders for appointment of 2(two) Grade-IV posts, in terms of the selection and recommendation. In other words, the recruitment process initiated by the school in the year 2012 be brought to its logical end by passing appropriate orders.

12. Thereafter, Md. Mustak Ahmed filed another writ petition, being WP(C) No.4270/2022, which was disposed of on 24.08.2022 directing the petitioner to file a fresh representation before the authority and the authorities were directed to pass a reasoned order taking into consideration the order dated 19.11.2019. Again, the said Md. Mustak Ahmed filed 3 rd writ petition, being WP(C) No.1676/2024, whereby this Court has remanded the matter back to the Secretary to the Government of Assam, Department of School Education to consider the case and pass appropriate orders for appointment against the two vacant posts of Grade-IV post available in the said school and thereby, bring in the recruitment process as initiated in the year 2012 to its logical conclusion. Pursuant thereto, Md. Mustak Ahmed has been appointed as Grade-IV against one of the two Grade-IV posts by an order dated 25.09.2024 issued by the Inspector of Schools, NDC, Nagaon.

13. Having considered that the selection and the recommendation pursuant to the advertisement in the year 2012 having been not cancelled and considering that the other person, namely, Md. Mustak Ahmed had been appointed in one of the 2(two) vacant posts of Grade-IV post in the said school, of course, pursuant to the direction of this Court, I am of the considered view that the selection process having not been cancelled and allowed to remain alive pursuant to the order of this Court in the aforesaid writ petitions, the petitioner would also be entitled to be appointed in one of the two vacant Grade-IV posts, as he has been selected and recommended for appointment after due selection process, who stood 1 st position in the merit-cum-selection list.

14. As the selection and recommendation having been allowed to remain alive although due to series of litigations and orders of this Court coupled with the fact that other person who stood 2nd in merit list having been appointed to one of the two vacant posts of Grade-IV post pursuant to the said selection process, it would be unfair to consider the petitioner as fence- sitter. Thus, the petitioner is also deserved to be considered for appointment in terms of the selection and recommendation pursuant to the advertisement for appointment to one of the aforesaid two vacant posts of Grade-IV post, he having been selected and stood 1st in the merit-cum- selection list.

15. In view of what has been discussed herein above, I am of the considered view that the petitioner is entitled to be appointed as Grade-IV post in the Alitangonia Osmania H.S. School, Nagaon. Accordingly, the respondent authorities are directed to consider the petitioner for appointment against one of the aforesaid two vacant posts of Grade-IV post in the Alitangonia Osmania H.S. School, Nagaon. The aforesaid exercise for consideration of appointment of the petitioner shall be completed within a period of 50(fifty) days from the date of receipt of certified copy of this order.

16. In the result, the writ petition stands allowed and disposed of

Sd/- Kardak Ete JUDGE

Comparing Assistant