GAHC010061402025 2025:GAU-AS:16774

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1739/2025

NILA KANTA BORAH

S/O LATE TAPESWAR BORAH, RESIDENT OF VILLAGE SANTIPUR, P.S. AND

P.O. MANGALDAI, DISTRICT DARRANG, ASSAM, PIN- 784125

VERSUS

THE STATE OF ASSAM AND 3 ORS.

REPRESENTED BY THE SECRETARY, TO THE GOVERNMENT OF ASSAM,

DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI -

781006.

2:THE DIRECTOR OF SECONDARY EDUCATION

ASSAM

SECONDARY EDUCATION DEPARTMENT

KAHILIPARA

GUWAHATI- 781019

ASSAM.

3:THE INSPECTOR OF SCHOOLS

DARRANG DISTRICT CIRCLE

MANGALDAI

DISTRICT- DARRANG

ASSAM.

4:ABDUL LATIF

THE PRINCIPAL I/C

SIPAJHAR HIGHER SECONDARY AND MULTI PURPOSE SCHOOL

SIPAJHAR DARRANG

ASSAM- 784145

Advocate for the Petitioner : MS. RUKMINI BARUA, MS. PADMINI BARUA Advocate for the Respondent : SC, SEC. EDU., S KHAN(R-4),MR J HUSSAIN(R-4),MD A WADUD (R-4),MR. M HOSSAIN(R-4)

BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

15.12.2025 Heard Ms. P. Barua, learned counsel for the petitioner. Also heard Ms. P. Das, learned standing counsel for the Secondary Education Department, appearing for respondent Nos. 1, 2 and 3, and Mr. M. Hossain, learned counsel for the respondent No.4.

2. Seeking following relief(s) the petitioner, namely, Shri Nila Kanta Borah, has instituted this proceeding, under Article 226 of the Constitution of India:-

(i) to interfere with the Order dated 01.04.2021, by which the respondent No. 4 was allowed to be the in-charge Principal of Sipajhar Higher Secondary and Multi Purpose School (H.S. & M.P.)

School;

(ii) to direct the respondent Nos. 1 to 3 to pass necessary orders to allow the petitioner to be the in-charge Principal of Sipajhar H.S. &

M.P. School.

Background Facts:-

3. The petitioner was initially appointed as an Assistant Teacher in Sipajhar Academy, vide order dated 22.11.1999 issued by the Inspector of Schools, Darrang District Circle, Mangaldai. He was appointed/promoted to the post of Headmaster of Sipajhar Academy on 11.07.2011. He possessed all the necessary educational qualifications, including B.Ed. degree, which he had acquired in the year 1996.

That the respondent No. 4, Md. Abdul Latif was appointed as a Graduate Teacher in the Sipajhar H.S. & M.P. School, in the year 1990. He also possessed M.A. and B.Ed., Degree. However, he obtained M.A degree in the year 2017 from Gauhati University, without obtaining any leave or permission from the concerned authorities, which, according to the petitioner, amounts to a misconduct under Rule 13 of the Assam Civil Services (Conduct) Rules, 1965, in view of judgment and Order dated 28.09.2023, passed by this Court in I.A.

(Civil)/2615/2023 (Smti Mouchumi Saharia vs. Smriti Rekha Kalita).

The post of Principal, Sipajhar H.S. & M.Ρ. School had fallen vacant, and the respondent no. 4, being the senior most Graduate Teacher, was allowed to be the in-charge Principal as per the order dated 01.04.2021, of the Director, Secondary Education Assam.

Though the post of Principal of a Higher Secondary School is a post higher than that of a Graduate Teacher, but the respondent No. 4 is still paid the salary of a Graduate Teacher, which means that allowing the respondent no. 4 to be the in- charge Principal is an arrangement under FR 49(c) of the Fundamental Rules and Subsidiary Rules. Therefore, irrespective of being the in-charge Principal, the substantive appointment of the respondent No. 4 continues to be that of a Graduate Teacher and not that of a Principal.

Notably, the petitioner has not enclosed the impugned order dated

01.04.2021, as the same could not be obtained by him and as such leave of the Court has been requested to produce it as and when the same is received/provided and in the alternative, it has also been prayed for issuing direction to the respondents to produce the order dated 01.04.2021.

As per Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (hereinafter referred as Provincialised Schools Service Rules of 2018), under