GAHC010106002025 2025:GAU-AS:14691

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2708/2025

DULAL BORAH

S/O- LATE GANESH BORA,

R/O- MACHKHOWA NO-1, BORAJAN, P.O AND P.S- MACHKHOWA, PIN-

787058, DIST- DHEMAJI, ASSAM

VERSUS

THE STATE OF ASSAM AND ORS

REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,

DEPARTMENT OF SCHOOL EDUCATION

DISPUR, GUWAHATI- 781006

2:THE DIRECTOR OF SECONDARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI-781019

3:THE INSPECTOR OF SCHOOLS

DDC

DHEMAJI

ASSAM

PIN-787057

4:MRIDUL SAIKIA

PRINCIPAL I/C

MACHKHOWA SENIOR SECONDARY SCHOOL

MACHKHOWA DIST- DHEMAJI

ASSAM

PIN-78705

Advocate for the Petitioner : MR. R S MISHRA, MR. R K MAHANTA,MS M NIROLA,MR. P

BORDOLOI

Advocate for the Respondent : SC, SEC. EDU., MR. M K DAS(R-4),O ASSUMI(R-4)

BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

ORDER

Date : 31.10.2025 Heard Mr. P. Bordoloi, learned counsel for the petitioner. Also heard Ms. P.

Das, learned Standing Counsel, for the Secondary Education Department and Ms. O. Assumi, learned counsel for the respondent No. 4.

[2.] Having regard to the projection made by the petitioner and the instructions received by Ms. P. Das, learned Standing Counsel, Secondary Education Department, the writ petition is taken up for disposal at this stage.

[3.] The grievance of the petitioner is with regard to the Order dated 28.02.2025 (Annexure – K) issued by the Director of Secondary Education, Assam by which the respondent No. 4 has been allowed to act as Principal In- charge of Machkhowa Senior Secondary School, Dhemaji district along with financial powers to draw and disburse salary etc. According to the petitioner, he is senior to the respondent No. 4 and also qualified to hold the said post and despite considering him the respondent authorities has placed the respondent No. 4 as the In-charge Principal. Aggrieved with the same, he is before this Court.

[4.] Ms. P. Das, learned Standing Counsel, Secondary Education Department submits that as per the instructions received by her the Inspector of Schools, DDC, Dhemaji is currently in the process of verification of the documents including the seniority list to ascertain the claim of the writ petitioner. She has therefore been asked to seek for further three (3) weeks’ time to complete the verification process.

[5.] Ms. O. Assumi, learned counsel for the respondent No. 4 submits that she has filed counter-affidavit on behalf of the respondent No. 4 today.

[6.] Considering the above position and the claim made by the petitioner, this Court is of the view that this writ petition need not be kept pending any longer, particularly, in view of the fact that the respondent authority concerned is undertaking the process of verification of the documents and the materials, in view of the claim made by the petitioner. Therefore, the writ petition is disposed of by directing the respondents to complete the process of verification within a period of three (3) weeks from today. Upon the completion of the verification by the Inspector of Schools, the Director shall pass the necessary orders within a period of two (2) weeks from the date of receipt of the report. The impugned Order dated 28.02.2025 (Annexure – K) shall abide by the order to be passed by the Director of Secondary Education.

JUDGE Comparing Assistant