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2025 Supreme(Gau) 403

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
GAJENDRA NATH KALITA S/O LATE MADAN CHANDRA KALITA – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS. S B CHOUDHURY, MR. S K DAS
For the Respondent: SC, SEC. EDU., A M RAHMAN (R-5),MR. S U AHMED (R-5),GA, ASSAM

ORDER :

KARDAK ETE, J.

1. Heard Ms. S.B. Choudhury, learned counsel for the petitioner. And also heard Mr. N.J. Khataniar, learned standing counsel, Secondary Education, Assam, for respondent Nos. 1, 2 and 3, Ms. D.D. Barman, learned counsel, for respondent No. 4 and Mr. S.U. Ahmed, learned counsel, for respondent No. 5.

2. The challenge made in this writ petition is to the order dated 28.03.2024 passed by the Inspector of Schools, Barpeta, District Circle, Barpeta, whereby, the respondent No. 5 has been allowed to hold In-Charge Principal of Anchalik Senior Secondary School, Bongaon in the District of Bajali on the ground that the respondent No. 5, being a tutor and junior to the petitioner is not eligible to hold the In-charge Principal.

3. The case of the petitioner, in brief, is that he was appointed as lecturer in Education in Anchalik College (Junior), Bongaon, vide order dated 01.09.1998 issued by the Governing Body of the said College. Subsequently, the said Junior College was provincialised in the year, 2021 as Anchalik Senior Secondary College, Bongaon, Bajali. Accordingly, the services of the teaching and non-teaching staff of the said school have been provincialised on 01.0

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