GAHC010109382022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3832/2022 MAYNUL HOQUE CHOUDHURY AND ANR S/O- LATE JABED ALI, R/O- VILL- DHANBANDHA PO- SONKUCHI, DIST.-

BARPETA (ASSAM), PIN- 781314.

2: ZAMIRUL ISLAM S/O- LATE AZMAT ALI R/O- VILL- SHOWPUR PO- SHOWPUR PS- KALGACHIA DIST.- BARPETA (ASSAM)

PIN- 781319 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-6.

2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6.

3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM ELEMENTARY EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI-19.

4:THE INSPECTOR OF SCHOOLS BARPETA DISTRICT CIRCLE BARPETA, DIST.- BARPETA (ASSAM)

PIN- 781301 For petitioner/appellant(s) : Mr. K. R. Patgiri, Advocate For respondent(s) : Mr. N. J. Khataniar, SC, Education – BEFORE –

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

24.02.2026 (Ashutosh Kumar, CJ)

We have heard Mr. K. R. Patgiri, learned Advocate for the petitioners, and Mr. N. J. Khataniar, learned Standing Counsel, Education Department, Assam, for the respondents.

The petitioners have challenged Rules 12 and 13 of the Assam Secondary Education (Provincialised Schools) Service Rules, 2018 (hereinafter referred to as “Rules of 2018”), which govern the recruitment and promotion to the posts of Principal and Vice-Principal in provincialised High and Higher Secondary Schools. Their grievance stems from the amalgamation of the Lower Primary (L.P.) schools, in which the petitioners had been working, with higher level schools, i.e. High Schools and Higher Secondary Schools under the Assam’s “Siksha Khetra Scheme” introduced in the year 2016 and modified in the year 2021.

The scheme, which has never been questioned, as informed to us, aims at merging schools for better educational infrastructure and efficiency.

For the sake of completeness, Rules 12 and 13 of the Rules of 2018 are being extracted here-under for proper appreciation of the contention of the petitioners:

“12. (1) The posts of the Principal in provincialised Higher Secondary Schools shall be filled up by direct recruitment from the candidates amongst the cadre of Post Graduate Teachers of Senior Secondary and Higher Secondary School and Graduate Teachers of Higher Secondary School as per procedure under sub-

rule(5).

(2) The posts of the Principal in provincialised Senior Secondary Schools shall be filled up by direct recruitment from the candidates amongst the cadre of Post Graduate Teachers of Senior Secondary and Higher Secondary School as per procedure under sub-rule(5).

Explanation: The Senior Secondary and Higher Secondary School shall include any Senior Secondary and Higher Secondary School in the State.

(3) The minimum qualification for appointment to the post of Principal in Higher Secondary School and Senior Secondary School shall be as follows:

(i) The candidate must be M.A./M.Sc./M.Com with B.T./B.Ed. Degree from any recognized University having uniform good academic career. In respect of Hindi Teacher having degree qualification, the Hindi ‘Parangat’

and ‘Nishanat’ shall be considered instead of B.T./B.Ed.

(ii) The candidate must have rendered at least 15 years of service as Post-Graduate Teachers in any of the provincialised Higher Secondary/Senior Secondary School; or (iii) The candidate must have rendered at least 5 years of service as Vice-

Principal in any of the provincialised Higher Secondary School; or (iv) The candidate must have 17 years of teaching experience as Graduate Teacher in any Higher Secondary School.

(v) The age if the candidate must not be more than 57 years as on the first January of the year of recruitment;

Provided that the service and teaching experience acquired in a School during provincialised period shall be counted. The period rendered prior to provincialisation of the School shall not be cou