Sandip Kar Purkayastha and 3 Ors. Vs the State of Assam and 6 Ors.

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GAHC010008782023

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

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Case No. : WP(C)/435/2023

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FARHAD HUSSAIN LASKAR S/O MONIR UDDIN LASKAR, BANSKANDI ME MADRASSA, NIZ BANSKANDI PART- III, P.O.- KARIKANDI, DIST.- CACAHAR, ASSAM, PIN- 788101, VILL.- GOBINDAPUR PART- III, P.O.- GOBINDAPUR, DIST.- CACHAR, ASSAM, PIN- 788101.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTRAY) DEPTT., DISPUR, GUWAHATI- 6.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19.

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM PIN- 788003. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER LAKHIPUR DIST.- CACHAR ASSAM

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Advocate for the Petitioner : MR. A K DUTTA,

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Advocate for the Respondent : SC, ELEM. EDU,

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Linked Case : WP(C)/6493/2021

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SANDIP KAR PURKAYASTHA AND 3 ORS S/O LATE SOMESH KAR PURKAYASTHA I/C HEADMASTER SWAMI VIVEKANANDA ME SCHOOL VILL. BASUDEVPUR P.O. BORJALENGA R/O CLUB ROAD VILL AND PO BORJALENGA DIST. CACHAR ASSAM PIN 788117. 2: SRI PRANOY KANTI DAS S/O LATE MILON CHANDA DAS ASSISTANT TEACHER KUSHIRAM DAS TAPASIL ME SCHOOL R/O VILL. KACHUDARAM PART-III P.O. DIDARKUCH BASTI DIST. CACHAR ASSAM PIN 788099.

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3: ALI AHMED S/O LATE NURUL HAQUE ASSISTANT TEACHER CUM I/C HEADMASTER DIGENDRA CHANDRA MEMORIAL ME SCHOOL GOBINDAPUR PART-I P.O. GOBINDAPUR P.S. KATIGORAH DIST. CACHAR ASSAM PIN 7888804 R/O VILL. SARISHAKURI P.O. BEHARA PART-V PS KATIGORAH DIST. CACHAR ASSAM PIN 7888817.

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4: ABDUL JALIL CHOUDHURY S/O MOHIR UDDIN CHOUDHURY BANSKANDI ME MADRASA NIZ BANSKANDI PART-III P.O. KARIKANDI DIST. CACHAR ASSAM PIN 788101 R/O LAMABASTI (BANSKANDI PART-III) P.O. KARIKANDI DIST. CACHAR ASSAM PIN 788101. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT DISPUR GUWAHATI-6 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR SILCHAR ASSAM PIN 788003. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER NARSINGPUR DIST. CACHAR ASSAM 5:THE BLOCK ELEMENTARY EDUCATION OFFICER

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SONAI DIST. CACHAR ASSAM

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6:THE BLOCK ELEMENTARY EDUCATION OFFICER

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LAKHIPUR DIST. CACHAR ASSAM

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7:THE BLOCK ELEMENTARY EDUCATION OFFICER

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KATIGORAH DIST. CACHAR ASSAM -----------Advocate for : MR. A K DUTTA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 6 ORS

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 13.06.2025

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Heard Mr. B. Purakayastha, learned counsel for the petitioners. Also heard Mr. N.J. Khataniar, learned Standing Counsel, Elementary Education Department.

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2. The grievance raised in the present proceedings is with regard to non-consideration of the case of the petitioners for promotion to the vacant post of Head Master of Upper Primary Schools including the schools, wherein, the petitioners are presently serving. The service of the petitioners were provincialised under the provisions of Assam Venture Educational Institutions (Provincialislation of Services) Act, 2011 w.e.f 01.01.2013.

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3. The process for filling up of the vacant post of Head Master not having been initiated and the petitioners have continued in their respective schools against the post of Headmaster on InCharge basis, the petitioners have instituted the above noted writ petition praying for the relief as noted hereinabove.

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4. Today when the matter is taken up for consideration, Mr. B. Purakayastha, learned counsel for the petitioners has submitted that the respondent authorities have initiated a process for

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recruitment to the vacant post of Headmasters available in the Upper Primary Schools in the district of Cachar.

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5. The said position is not disputed by Mr. N.J. Khataniar, learned counsel appearing for the State respondent.

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6. In view of the above position, the process for recruitment to the post of Headmaster having been already initiated by the State respondent authorities in terms of the Notification dated 08.03.2022 and the petitioners also being eligible to be so considered in the said process of recruitment, this Court is of the considered view that the present writ petitions need not be detained any further for consideration.

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7. Accordingly, both the writ petitions are disposed of directing the respondent authorities to also consider the case of the petitioners, if they are otherwise found eligible, for recruitment to the post of Headmaster by also considering their seniority position in the cadre of Assistant Teacher in the district of Cachar. Till the said process of recruitment against the vacant post of Headmaster is so concluded and selected persons appointed against the post of Headmaster of Upper Primary Schools, the interim arrangement made in respect of each of the petitioners herein to hold the charge of the post of Headmaster of their respective schools shall be so continued.

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8. With the above observation and direction, both the writ petitions stand disposed of.

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JUDGE

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Comparing Assistant

Sandip Kar Purkayastha and 3 Ors. v. the State of Assam and 6 Ors.

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Sandip Kar Purkayastha and 3 Ors. v. the State of Assam and 6 Ors.

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