GAHC010151762024 2025:GAU-AS:16975

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/3901/2024

MD. FOKRUL ISLAM MAZUMDER

S/O-LATE ASADDAR ALI MAZUMDER, ASSISTANT HEAD MASTER,

SWADHIN BAZAR HIGH SCHOOL, R/O- VILL- GOVINDANAGAR PT-I, P.O.

DASHIN MOHANPUR, P.S. SONAI, DIST. CACHAR, ASSAM

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF

ASSAM, SCHOOL EDUCATION DEPARTMENT, ASSAM, DISPUR,

GUWAHATI-781006.

2:THE DIRECTOR OF SECONDARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI-19.

3:THE INSPECTOR OF SCHOOLS

CACHAR DISTRICT CIRCLE (CDC)

SILCHAR CACHAR

ASSAM

PIN- 788001.

4:OMPRAKASH CHATURVEDY S/O- KEDAR NATH CHOUBEY

R/O- NUTUN RAMNAGAR PART-II

P.S. SONAI

DIST. CACHAR

ASSAM

PIN- 788126

Advocate for the Petitioner : MR. N H BARBHUIYA, MS. N.A. LASKAR,MS. S. DEY Advocate for the Respondent : SC, SEC. EDU., J.P. BARUAH (R-4),MR. B PURKAYASTHA(R-4)

BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

08.12.2025 Heard Mr. N. H. Barbhuiya, learned counsel for the petitioner and Mr. B.

Kaushik, learned Standing Counsel for the respondent Nos. 1, 2 & 3. Also heard Mr.

B. Purkayastha, learned counsel for the respondent No. 4.

2. Mr. Barbhuiya, learned counsel for the petitioner submits that the petitioner was serving as the Assistant Headmaster in the then Abid Raja M.E. School and while he was serving as such, said school was amalgamated with Swadhin Bazar High School, vide order, dated 03.08.2017, and that he has been receiving graduate scale of pay since 19.11.1991.

2.1 Mr. Barbhuiya also submits that the respondent No. 4 was appointed as an Assistant Teacher on 25.04.2021, in Swadhin Bazar High School, when the said school was at the venture stage and the said school received financial grant, w.e.f. 01.09.2003. Thereafter, from the financial year 2010-2011, the staff wise financial assistance was released and the respondent No. 4 also received the staff wise financial assistance; and that, the Government of Assam, vide order dated 20.08.2013, provincialised the Swadhin Bazar High School, along with the services of the staff, including the respondent No. 4. Accordingly, the respondent No. 4 became a full-fledged government servant, w.e.f. 01.01.2013. Thereafter, the respondent No. 4, without obtaining previous permissions/NOCs from the appointing authority, took admission in the B.Ed. course under Indira Gandhi National Open University (IGNOU) and obtained his B.Ed. degree in June, 2015.

2.2 Mr. Barbhuiya, further submits that after the demise of the incumbent Headmaster of Swadhin Bazar High School on 13.04.2020, the Inspector of Schools, CDC, Silchar, vide order dated 04.05.2020, allowed the petitioner to act as In-charge Headmaster of the school and the Director of Secondary Education, Assam (DSE, Assam, hereinafter), vide order, dated 26.02.2021, considering the seniority of the petitioner, allowed him to act as In-charge Headmaster.

2.3 Thereafter, the respondent No. 4 had preferred one writ petition, being WP(C) No. 2326/2021, challenging the said appointment order of the petitioner and this Court, vide order dated 31.03.2021, had stayed the same. Thereafter, the DSE, Assam, vide order dated 19.07.2021, stayed the appointment order of the petitioner, dated 26.02.2021. Thereafter, this Court, vide order, dated 12.10.2023, had disposed of said WP(C) No. 2326/2021, by setting aside the order, dated 26.02.2021, and remanded the matter back to the DSE, Assam, for a fresh consideration.

2.4 Further, Mr. Barbhuiya submits that the Inspector of Schools, CDC, Silchar, and the DSE, Assam, through their letters, dated 17.11.2023 and 06.03.2024, informed the petitioner that the respondent No. 4 did not take any previous permission/NOC from the appointing authority, for pursuing the B.Ed. degree, which is a clear violation of Rule 13 of the Assam Civil Services (Conduct) Rules, 1965.

2.5 Thereafter, the DSE, Assam, vide impugned order, dated 06.06.2024, had allowed the respondent No. 4 to act as In-