GAHC010054552024 2025:GAU-AS:7715 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1514/2024 ISMOT ARA BEGUM W/O- BULBUL CHOUDHURY, R/O- VILLAGE- PACHIM SINGIMARI (BALIKA) P.O. SINGIMARI, DISTRICT- NAGAON, ASSAM, PIN- 782125 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI- 781006

2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 781019

3:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE (NDC)

NAGAON DISTRICT- NAGAON ASSAM PIN- 782001

4:SRI DIGANTA BORAH S/O- LATE KAMAL CHANDRA BORAH R/O- RATNAPURPOY ROAD P.O. ITACHALI DISTRICT- NAGAON ASSAM PIN- 78200 Advocate for the Petitioner : MR. M KHATANIAR, MS. S D SAIKIA Advocate for the Respondent : SC, SEC. EDU., MR J P KACHARI (R-4)

Linked Case : WP(C)/1084/2024 DILIP KUMAR SHARMA M.A. B.ED AGED ABOUT 52 YEARS S/O LATE NAGENDRA NATH SHARMA PRESENTLY WORKING AS ASSISTANT TEACHER OF SINGIMARI MD ALI HS SCHOOL NAGAON ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-6

2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19

3:THE INSPECTOR OF SCHOOL NAGAON DISTRICT CIRCLE NAGAON ASSAM

4:DIGANTA BORA MA POST GRADUATE TEACHER OF SINGIMARI MD ALI HS SCHOOL NAGAON ASSAM PIN-782125 ------------

Advocate for : MR. S K DAS Advocate for : SC SEC. EDU. appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR JUDGMENT & ORDER (Oral)

12.06.2025 Date :

Heard Mr. M. Khataniar, learned counsel appearing on behalf of the petitioner in WP(C) No. 1514/2024 and Mr. S. K. Das, learned counsel appearing on behalf of the petitioner in WP(C) No. 1084/2024. Also heard Mr. B. Kaushik, learned Standing Counsel, Elementary Education Department representing the State respondents in the above noted two writ petitions and Mr. J. P. Kachari, learned counsel representing the respondent no. 4 in the above noted writ petitions.

2. As consented to by the learned counsel appearing for the parties, the above noted two writ petitions are taken up for final consideration and disposal.

3. The issue involved in the above noted two writ petitions being the holding of the charge of the post of Principal in Singimari Md. Ali Higher Secondary School, the above noted writ petitions are being considered analogously and disposed vide the present order.

WP(C) No. 1514/2024

4. The petitioner herein was appointed as a Graduate Teacher in Singimari Md. Ali Higher Secondary School vide an order dated 22.11.1993. Such service of the petitioner was regularized vide an order dated 14.11.2000. The petitioner contends that while being in service, she had pursued a Master’s Degree in Assamese through Distance & Online Learning Mode under Guahati University in the year 2018. It is to be noted that the petitioner had acquired her B.Ed. degree in the year 1994 from Gauhati University. It is projected in the writ petition that the petitioner has pursued her M.A. degree course after obtaining permission from the jurisdictional Inspector of Schools on the body of the application submitted by her. Further, it is projected that the petitioner having undergone such course through the Distance & Online Mode, no permission was called for to be so taken. It is projected that on superannuation of the incumbent in the post of Principal of the school, w.e.f., 31.12.2023, she being the senior most and qualified teacher in the school, she was handed over the charge of the post of Principal. Further, it is projected that the School Development and Managing Committee, in its meeting held on 23.12.2023 had passed a resolution requiring the petitioner, being the senior most teacher, to be permitted to hold the charge of the post of Principal of the school.

5. Thereafter, The Director, Secondary Education, Assam, for the purpose of allowing one of the teachers in the scho