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.# 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

RESPONDENT NO. 4

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

B E F O R E

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.

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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.

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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