Mintu Kakoti Vs the State of Assam and 3 Ors.

3:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE NAGAON-782120 ASSAM 4:ABDUL MUTALIB S/O- LATE ABDUL AZIZ VILL.- DHINGBORI PATHAR P.O. KASORI DIST. NAGAON ASSA

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Advocate for the Petitioner : MR. A R BHUYAN, MR N Z CHOUDHURY,MR N A MAZARBHUIYA

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Advocate for the Respondent : SC, SEC. EDU., MS A H ATIA (r-4)

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Page No.# 2/4

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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Date : 07.08.2025

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Heard Mr. N.A. Mazarbhuiya, learned counsel appearing for the petitioner. Also heard Mr. P. Das, learned Standing Counsel appearing, Secondary Education Department, for respondent Nos. 1, 2 & 3.

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2. By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing the order by which the respondent No. 4 was allowed to hold the charge of Headmaster-in-Charge of Kashori High School, Nagaon, w.e.f 10.10.2018, and to allow the petitioner to hold the said charge as the Headmaster of Kashori High School, Nagaon.

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3. Today, when the matter has been called, Mr. N.A. Mazarbhuiya, learned counsel for the petitioner submits that during the pendency of the writ petition, the Director of Secondary Education, Kahilipara, passed an order dated 29.07.2025, whereby the petitioner was allowed to act as Kashori High School Headmaster by relieving respondent No. 4/Headmaster-in-Charge from the said charge.

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4. The relevant portion of the order reads as under:-

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“ ORDER

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Whereas, consequent upon the demise of Md. Mohiuddin, Headmaster of Kashori High School, the Inspector of Schools, NDC, Nagaon submitted a proposal for placing of

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Page No.# 3/4

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Headmaster in-charge of Kashori High School vide his letter No. IS/NDC/PROV/AAP/HM/2018/5282, dated 12/09/2018,

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Whereas, on perusal of the seniority list as well as available records, Abdul Mutalib, B.Sc., Assistant Teacher (without B.Ed) was allowed to hold the charge of Headmaster (i/c) of Kashori High School vide this office order No. GB-EST/Apptt/FP/39/2013/274, dated.9/10/2018;

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Whereas, the petitioner ie Mintu Kakoti, B.Sc., Assistant Teacher of the said school had earlier submitted an NOC expressing his unwillingness to hold the charge of Headmaster in-charge of Kashori High School, DistNagaon, and;

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Whereas, after obtaining B.Ed. degree in 2021, Sri Mintu Kakoti filed a case before the Hon'ble High Court in WPO No. 1288/2023 claiming seniority and seeking to be considered for the post of Headmaster in-charge;

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And whereas, in compliance with the Hon'ble High Court Order dated. 10/03/2023 passed in WPO NO.1288/2023, a hearing was conducted on 12/06/2023 and a speaking order was issued vide this office order No. GBEST/Appt/FP/5/2022/142, dated 09/08/2023 rejecting the claim of the petitioner, Mintu Kakoti for seniority over the present Headmaster in-charge, Sri Abdul Mutalib as the petitioner, Mintu Kakoti submitted an NOC expressing his unwillingness to hold the charge of Headmaster incharge of Kashori High School, Dist-Nagaon, and;

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Whereas, being aggrieved, the petitioner has filed an another case in WP(C) No.2891/2024 (filed by Mintu Kakati, Dist-Nagaon.)

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Whereas, in response to this office letter No. E- 645647/64, dated. 21/05/2025, the Inspector of Schools, NDC, Nagaon vide letter No.IS/NDC/AAP/PRINHM/2025/2912, dated, 16/07/2025 submitted the fresh seniority list of teachers of Kashori High School, Nagaon.

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Now, upon perusal of the seniority list it is found that. Shri Mintu Kakoti, B.Sr B.Ed. Assistant Teacher is the most eligible Assistant Teacher to hold the charge of

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Page No.# 4/4

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Headmaster in-charge of Kashori High School, Nagaon

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In view of the above, it is decided to allow Shri Mintu Kakoti, B.Sc., B.Ed. Assistant Teacher to act as Kashori High School, Nagaon by relieving Abdul Mutalib, Headmaster in-scharge from the charge

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Accordingly, in the interest of public service and until furn order, Mintu Kakoti, B.Sc, B.Ed., Assistant Teacfier of Kashori High School, Nagaon is hereby temporarily allowed to act as Headmaster in-charge of the same school alongwith financial power to draw and disborse the salary etc. of the staff of the school in addition to his normal duties as Acostant Teacher under F.R.49(C) vice Abdel Mutalib Headmaster in-charge relieved, with effect from the date of his taking over charge.”

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5. In view of the above, it appears that the grievances canvassed in the instant writ petition have already been addressed and nothing survives further for adjudication.

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6. Accordingly, the Writ Petition stands dismissed on being infructuous.

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7. A copy of the aforesaid order dated 29.07.2025 is kept on record and marked as ‘X’.

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JUDGE

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Comparing Assistant

Mintu Kakoti v. the State of Assam and 3 Ors.

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Mintu Kakoti v. the State of Assam and 3 Ors.

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