GAHC010273342024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7017/2024 SULTAN AHMED MAJUMDER S/O LATE MAJID ALI MAJUMDER, VILL AND P.O.- DEBOSTHAN, DIST-

HOJAI, ASSAM, PIN-782481 VERSUS THE STATE OF ASSAM AND 4 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SCHOOL EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6

2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19

3:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE NAGAON AND HOJAI P.O. AND DIST- NAGAON ASSAM PIN-782001

4:THE MOUDANGA HIGH SCHOOL HOJAI REPRESENTED BY ITS IN-CHARGE HEAD MASTER P.O.-MOUDNAGA PATHAR DIST- HOJAI ASSAM PIN-782439

5:NAZRUL HOQUE CHOUDHURY IN-CHARGE HEAD MASTER OF MOUDANGA HIGH SCHOOL S/O MOTOHAR ALI VILL- SAMARALI BAZAR P.S.-MURAJHAR DIST- HOJAI ASSAM PIN-78243 Advocate for the Petitioner : MR. M A SHEIKH, MR M H CHOUDHURY,MS. A BEGUM Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

09.03.2026 Date :

Heard Ms. A. Begum, learned counsel, appearing for the petitioner.

Also heard Ms. D. Muchahary, learned Standing Counsel, Secondary Education Department.

2. The petitioner in the present writ petition has raised a grievance with regard to the non-consideration of his case, for holding the charge of post of Headmaster of Maudanga High School, and issuance of an order dated 14.11.2024 by the Director of Secondary Education, Assam, allowing the respondent no.5, Nazrul Hoque Choudhury, to act as the In-charge Headmaster of the school, although he is junior to the petitioner, herein.

3. The petitioner was initially engaged against the post of Science Graduate Teacher in Maudanga High School on the incumbent, therein, proceeding on leave. Thereafter, the incumbent in the post against which the petitioner was engaged on leave vacancy having resigned from her services, the petitioner was adjusted against the said post. It is contended by the petitioner that he is receiving his Graduate scale of pay from the date of his such adjustment.

The petitioner projects that he had approached the jurisdictional Inspector of Schools seeking permission to pursue B.Ed. Degree Course under the Directorate of Distance Education (ODL), Kurukshetra University, Kurukshetra, Haryana. The permission being granted, the petitioner got himself admitted for the said course and pursued the same. On successful completion of the said course, the petitioner was awarded the B.Ed. Degree in the year 2021. The petitioner projects that with a view to upgrade the Teachers working in various provincialized High Schools with the requisite minimum qualification, the Government in the Education Department vide a communication dated 21.02.2022 directed the jurisdictional Inspector of Schools to motivate untrained in service teachers to pursue B.Ed. courses through ODL mode from Universities listed in Appendix A(1) A(2) A(3) A(4) to the said communication.

The Kurukshetra University finds mention in the Appendix A(1)

annexed to the said communication dated 21.02.2022. It is projected that the petitioner having pursued his course after due permission from the respondent authorities and the institution from which the petitioner has so pursued his course in Distance Education mode being recognized by the Government of Assam, in the Education Department, the petitioner ought not to have been overlooked while considering as to who would be allowed to hold the charge of the post of Headmaster of the Schools, on retirement of the incumbent, therein. The respondent authorities having not considered the case of the petitioner, the present writ petition came to be instituted.

4. Ms. A. Begum, learned counsel for the petitioner has reiterated the facts noticed, hereinabove, and has submitted that the petitioner having proceeded to undergo her B.Ed. Degree from Kurukshetra University, Kurukshetra, in Distance Education Mode, after due permission was granted for the purpos