Temporary administrative arrangements for the role of Principal in-charge and academic oversight in a school do not violate the rights of the senior-most eligible teacher, as such temporary assignments are not prohibited by the statutory rules governing regular appointments.

ORDER

Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mr. S. M. T. Chistie, learned Standing Counsel, Secondary Education Department for respondent Nos. 1, 2 & 3.

Having considered the nature of the grievance raised, this writ petition is heard and disposed of at the motion stage itself without issuing notice to the respondent No. 4 as the nature of the order proposed to be passed would not cause any prejudice to the respondent No. 4.

Challenge made in this writ petition is to the order dated 30.03.2026, passed by the Director of Secondary Education, Assam, whereby the Inspector of Schools, BDC, Barpeta has been allowed to act as Principal in-charge of Pathsala Senior Secondary School along with financial powers to draw and disburse salary etc. of the staff of the school on the retirement of the incumbent Principal on 31.03.2026. The petitioner has also put to challenge the order dated 06.04.2026, passed by the Inspector of Schools, BDC, Barpeta, whereby the respondent No. 4, namely, Labanya Kr. Das, Post Graduate Teacher in Geography, has been allowed to look after the classes as well as academic affairs of the said school until further orders.

The case of the petitioner, in brief, is that he has been serving as Post Graduate Teacher (Education) at Pathsala Senior Secondary School with Graduate Scale of Pay w.e.f. 01.02.2001, whereas the respondent No. 4 is serving as Post Graduate Teacher (Geography) w.e.f. 01.04.2001. The petitioner is having the degree of B.Ed, whereas the respondent No. 4 does not possess the said qualification. The petitioner claims that he fulfils all the qualification required for appointment to the post of Principal of a Senior Secondary School as he is eligible both in terms of educational qualification and length of service. However, despite being the senior-most eligible teacher in the institution, he has not been allowed to hold the Principal in-charge after retirement of the incumbent Principal.

Upon retirement of the in-charge Principal of Pathsala Senior Secondary School, the Director of Secondary Education, Assam, vide order dated 30.03.2026, by way of temporary arrangement, allowed the Inspector of Schools, BDC, Barpeta, to function as Principal in-charge of the said school. Thereafter, by the impugned order dated 06.04.2026, the Inspector of Schools, BDC, Barpeta, allowed respondent No. 4 to look after the classes as well as the academic affairs of the school until further orders.

Mr. B. Purkayastha, learned counsel for the petitioner, submits that since the petitioner is eligible to be appointed as Principal in all respect, the impugned order dated 30.03.2026 allowing the Inspector of School, BDC, Barpeta to act as Principal in-charge of Pathsala Senior Secondary School and the impugned order dated 06.04.2026, passed by the Inspector of Schools, BDC, Barpeta, allowing the respondent No. 4 to look after the classes as well as academic affairs of the schools, is illegal inasmuch as the petitioner, being the senior-most and eligible teacher, ought to have been entrusted with the charge of Principal in-charge. He submits that since the respondent No. 4 does not have the requisite B.Ed. qualification for appointment as Principal of Senior Secondary School, he could not have been even permitted to look after the academic affairs of the school. Therefore, he prays that both the impugned orders may be set aside and direction may be issued to the respondent authorities to allow the petitioner to function as Principal in-charge till regular appointment is made in accordance with the applicable Rules.

Per contra, Mr. S. M. T. Chistie, learned Standing Counsel, Secondary Education Department, submits that the impugned arrangements are purely temporary in nature till the regular appointment to the post of Principal of Pathsala Senior Secondary School is made. There is no bar to allow the Inspector of Schools to act as Principa