GAHC010014282024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/416/2024 DAYANANDA BHUYAN S/O- LATE PREMADHAR BHUYAN, I/C PRINCIPAL, DISPUR GOVERNMENT HIGHER SECONDARY SCHOOL, GUWAHATI, R/O- HOUSE NO. 44, BANIPATH, BHETAPARA, GUWAHATI, KAMRUP(M), PIN- 781028.

VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION DEPARTMENT), ASSAM (CIVIL) SECRETARIAT, BLOCK-C, DISPUR, GUWAHATI, ASSAM, PIN- 781006.

2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM. KAHILIPARA GUWAHATI. ASSAM, PIN- 781019. 3:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE PANBAZAR GUWAHATI, ASSAM Advocate for the Petitioner : MR. A K DUTTA, MR. B PURKAYASTHA,MR. S SUTRADHAR Advocate for the Respondent : SC, SEC. EDU., BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN

ORDER

15.05.2025 Heard Mr. B. Purkayastha, learned counsel for the petitioner and also heard Mr. U.

Sarma, learned standing counsel, Secondary Education Department, appearing for the respondent Nos.1—3.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the circular dated 02.02.2023 (Annexure-13), issued by the Director of Secondary Education, Assam, so far it relates to column Nos.12 and 16 and further to set aside and quash the letter dated 08.01.2024, issued by the Director of Secondary Education, Assam, by holding the same as illegal, null and void and also to issue direction to the respondent authorities to initiate the regular process of promotion to the post of Principal in respect of Government Higher Secondary Schools in the State of Assam, excluding the impugned condition of requirement of submission of written NOC as per gradation list.

3. Mr. Purkayastha, learned counsel for the petitioner submits that the petitioner has been working as In-Charge Principal, Dispur Government Higher Secondary School and he possessed all the requisite qualifications including B.Ed. and M.A. Degrees, with 17 years of teaching experience for being appointed as regular Principal of the Higher Secondary School, as per Rule 12 of the Assam Secondary Education (Government Schools) Service Rules, 2020. Mr. Purkayastha further submits that while the petitioner was serving as In- Charge Principal, he has received one letter dated 08.01.2024 (Annexure-6, at page 59 of the petition), written by the Director of Secondary Education, Assam, directing him to submit the NOC issued by the competent authority before pursuing his B.Ed. and post-

graduate degree within a period of 3 days from the date of issue of the letter.

3.1 Mr. Purkayastha submits that the petitioner had obtained his B.Ed. and post- graduate degrees while he was in service by obtaining permission from the respondent authorities. He further submits that Rule 13 of the Assam Civil Service (Conduct) Rules, 1965, provides that no Government servant, while in Government service, shall join or attend any educational institution for the purpose of preparing himself for or shall appear at any examination of a recognized Board or University without obtaining previous permission from the appointing authority and that the respondent authorities by its various notification and office memorandum encouraged the teachers to obtain B.Ed. and post-graduate degree by distance mode. Mr. Purkayastha also submits that the letter dated 08.01.2024 was issued by the respondent authorities, in view of the circular dated 02.02.2023, where in column No.12 provides that if educational qualification acquired in service period, please state whether NOC from the appointing authority was obtained by the teacher or not. If yes, please enclose the copy. The column No.16 provides that (1) Whether B.Ed. Parangat acquired while in service period (Yes/No), (2) Whether on deputation or not. If yes, please furnish copy of deputation order, and (3) If not, on deputation, copy of NOC from the appointing authority must be enclosed and