GAHC010221352024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5484/2024 MAZAHARUL ISLAM SON OF MOTIUL ISLAM, VILLAGE- ALITANGANI, P.O. ALITANGANI, P.S.

JURIA, DISTRICT- NAGAON, ASSAM, PIN- 782124 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY, TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT (SECONDARY), DISPUR, GUWAHATI, PIN- 781006

2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA PIN- 781019

3:INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE DIST.- NAGAON ASSAM

4:THE SELECTION BOARD REPRESENTED BY THE PRINCIPAL-CUM-MEMBER SECRETARY ALITANGANI OSMANIA HIGHER SECONDARY SCHOOL P.O. ALITANGANI DIST.- NAGAON ASSAM PIN- 782124

5:THE PRINCIPAL-CUM-MEMBER SECRETARY ALITANGANI OSMANIA HIGHER SECONDARY SCHOOL P.O.- ALITANGANI DIST.- NAGAON ASSAM PIN- 78212 Advocate for the Petitioner : MR. A M AHMED, B DAS,P. GHOSH,MRS S RAHANA Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

25.02.2026 Date :

Heard Mr. A. M. Ahmed, learned counsel, appearing for the petitioner. Also heard Ms. D. Mushahary, learned Standing Counsel, Secondary Education Department.

2. The Principal, Alitangani Osmania Higher Secondary School, had issued an advertisement inviting applications for filling up of 2 (two) Grade-IV post lying vacant in the said School. In the selection that was so held, the petitioner, herein, was placed at serial no.1 while one Md. Mustaque Ahmed was placed at serial No.2. Thereafter litigations were instituted before this Court, assailing the selection process involved, as well as by Md. Mustaque Ahmed, praying for a direction for appointing him in terms of the selection held.

3. This Court vide order dated 28.03.2024 passed in WP(C).No.1676/2024, appreciating the issues arising in the matter had directed the Director of Secondary Education, Assam, to pass appropriate orders for appointment against the 2 (two) vacant Grade- IV post available in the School and to bring the recruitment process initiated in the year 2012, to its logical conclusions. It is seen that in pursuance to the said direction passed by this Court Md. Mustaque Ahmed, who was placed below the petitioner in the select list, was appointed against the second vacant post of Grade-IV. However, while appointing Md. Mustaque Ahmed against the second vacant post, the petitioner who was placed at serial no.1 in the select list and entitled to be appointed against the first vacant post available was not considered.

4. In view of the above position, Ms. D. Mushahary, submits that she will complete her instructions and apprise this Court on the next date of listing, about the stand of the respondents in the matter.

5. It is provided that the pendency of the present proceedings would not be a bar for the respondent authorities to appoint the petitioner against the first vacant post after causing due verification of the particulars of the petitioner, herein.

6. Registry to list this matter again 13.03.2026 JUDGE Comparing Assistant