GAHC010042362025 2025:GAU-AS:17629

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1513/2025

GOBINDA TALUKDAR

SENIOR MOST GRADUATE TEACHER OF THAMNA BINAPANI HIGH

SCHOOL, S/O LATE DHARANI TALUKDAR, R/O VILL AND P.O.- THAMNA,

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 DISTRICT- KOKRAJHAR

ASSAM

PIN-783370

3:THE SECRETARY

EDUCAATION DEPARTMENT CUM CHAIRMAN

DEPARTMENTAL SELECTION COMMITTEE

BTC

KOKRAJHAR

ASSAM

PIN- 783370

4:THE INSPECTOR OF SCHOOLS

BAKSA DISTRICT CIRCLE

MUSHALPUR

P.O. MUSHALPUR

DIST- BAKSA

ASSAM PIN-781372

5:APURBA SARMA PROMOTED TO GIRISH VIDYAPITH SPL. HIGH SCHOOL OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSAM

6:RANJIT BAISHYA PROMOTED TO KHARUA MILON HIGH SCHOOL OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSAM

7:RAJU BARMAN PROMOTED TO SUNDARPUR HIGH SCHOOL OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSAM

8:KARIM ALI PROMOTED TO LAKHIMPUR HIGH SCHOOL OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSAM

9:PRADIP NATH PROMOTED TO BHASKARJYOTI GIRLS HIGH SCHOOL OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSAM

10:KANDARPA HUJURI PROMOTED TO KHAGRABARI ARUNODOI H.S.

OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSAM

11:GAUTAM RAJBONGSHI PROMOTED TO SUBHA RAM HIGH SCHOOL OFFICE OF THE INSPECTOR OF SCHOOL BAKSA P.O.- MUSHALPUR DIST- BAKSA ASSA Advocate for the Petitioner : MR. S Ali, MR K DAS Advocate for the Respondent : SC, SEC. EDU., SC, BTC BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

ORDER

Date : 18.12.2025 Heard Mr. S. Ali, learned counsel for the petitioner. Also heard Ms. R.

Baruah, learned counsel for the respondent No.1. and Ms. B. Bora, learned counsel for the respondent Nos.2, 3 and 4.

[2.] Having regard to the nature of the grievance projected by the petitioner, the writ petition is taken up for disposal at this age.

[3.] It is the case of the petitioner that he is the senior most Graduate Teacher having the requisite qualification to be considered for promotion to the post of Headmaster of Higher Secondary School. The petitioner contends that he has been receiving graduate pay scale with w.e.f 25.09.1998. Although the respondent authorities had initiated the process of selection to fill up the post of Headmaster, the petitioner was ignored and instead his juniors have been promoted. According to the petitioner, he is placed at Sl. No. 40 in the Gradation List while those appearing in Sl. Nos.55, 57, 59, 74, 106, 133 and 137 in the gradation list who are the private respondents have already been promoted in the post of Headmaster. The learned counsel submits that Rules governing promotion to the post of Headmaster is Rule-14 of the Assam Secondary Education (Pronvincialised Schools) Service Rules, 2018 (Rules of 2018 in short). While such being the position, the respondent authorities ignoring the said Rules have promoted those who are junior to the petitioner.

[4.] The learned counsel submits that the case of the petitioner is squarely covered by a decision rendered by a Co-ordinate Bench of this Court vide common judgment and order dated 12.06.2025, where the lead case is WP(C)/1735/2024. Referring to the said judgment which is annexed as Annexure-1 to the reply affidavit filed by the petitioner, the learned counsel submits that Court had directed the respondent authorities to consider the case of the petitioner therein in terms of their seniority and as per procedure laid down by the Rules-14 of the Rules of 2018. It was further observed that since the select list pertains to entire Baksa district, displacement should be done from the bottom of the list of the selected candidates within a timeframe. The learned counsel therefore submits