Sri Nilutpal Goswami Vs the State of Assam and 3 Ors.

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GAHC010245792025

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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)/6515/2025

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SRI NILUTPAL GOSWAMI

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SO BHUJENDRA NATH GOSWAMI, BSC MA, B ED, SENIOR MOST ASSISTANT TEACHER, SIBASTHAN HIGH SCHOOL, NAGAON, RO VILL NAMGAON, PO BARBHAGIA, SUB DISTRICT KALIABOR, DIST NAGAON, ASSAM, PIN 782138

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, SECONDARY EDUCATION DEPARTMENT, ASSAM, CIVIL, SECRETARIAT, BLOCK C, DISPUR, GUWAHATI, ASSAM, PIN 781006

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN 781019

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3:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE BAGAON DIST NAGAON ASSAM PIN 782001

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4:THE NATIONAL COUNCIL FOR TEACHER EDUCATION TO BE REPRESENTED BY ITS CHAIRPERSON G7 SECTOR 10 DWARKA NEAR METRO STATION

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NEW DELHI 11007

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Advocate for the Petitioner : MR. B PURKAYASTHA, MR. J P BARUAH Advocate for the Respondent : SC, SEC. EDU., SC, N C T E

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BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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04.06.2026

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Heard Mr. B. Purkayastha, learned counsel for the petitioner, Also heard Mr. B. Kaushik, learned standing counsel for Secondary Education and Mr. I. Alam, learned counsel for respondent No. 4 i.e. National Council for Teachers Education.

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By this application filed under Article 226 of the Constitution of India, the petitioner has prayed for setting aside the show-cause notice issued on 09.09.2025 by the Inspector of Schools, Nagaon by which the petitioner was asked to show cause in respect of two queries. One, how did he attend regular classes for B.Ed. Course without hampering his teaching duties in the school and two, whether the petitioner had regularly attended to his duties in the said school.

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The case of the petitioner is that he is the senior most assistant teacher serving in Sibastan High School, Nagaon. The petitioner has joined in the erstwhile ME school in the year 1992 as a teacher and during his service tenure the petitioner decided to pursue his B.Ed degree on part-time basis and for pursuing the said degree, he had applied before the Director of Elementary Education Officer, Nagaon for the necessary permission and the Director of Elementary Education by order dated 15.12.2017 had accorded permission to the petitioner to pursue his B.Ed. course but it was made subjected to the

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condition that while pursuing the said course, the petitioner should continue with his normal duties as the teacher of the said school and that his normal duties should not get hampered.

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It be stated that initially the petitioner was appointed in the Shibastan M.E. School and when he was working in the said M.E. School he applied for the said permission and after the said permission was granted, the said school was amalgamated with the Shibastan High School, Nagaon, by order dated 20.01.2018 and the service of the petitioner was merged with the Secondary Education Department and he was given past service benefit.

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The petitioner, in pursuance to the permission given pursued his B.Ed. course before Swami Vivekananda University, Madhya Pradesh, India and a certificate was granted to him on 18/02/2021 wherein it was shown that the petitioner is eligible for award of Bachelor of Education (B.Ed.) part-time. It was also stipulated in his certificate that the petitioner was a regular examinee from 2016 to 2019 and in June 2019 he was a regular student.

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However, on 09.09.2025 a show-cause notice was issued to the petitioner by the Inspector of Schools, NDC Nagaon by which it was directed to the petitioner to show cause on two queries as stated above. It was also stated therein that as per Rule 13 of the Assam Civil Service (Conduct) Rules, 1965 no Government servant shall join or attend any Educational Institutions or appear at an examination of a recognized Board or University while continuing in his service without obtaining previous permission from the Appointing Authority.

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It was further stated that although permission was granted to the petitioner to continue his B.Ed. course but the same had a rider i.e. his normal duties should not be hampered. But it was seen by the authorities concerned as

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stated in the said show-cause notice that the petitioner had pursued the course as a regular student which raises concerns about discharge of his duties in his school. As such, he was given seven days time to reply to the show-cause notice to show that he was pursuing the B.Ed. course and the same had not hampered his duties in the school while working as a teacher.

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The learned counsel for the petitioner submits that in pursuance to that show-cause notice, the petitioner has submitted his reply before the authorities concerned. He further submitted that petitioner had never taken leave from his school and that he attended his school irregularly as the attendance register would show and that he had pursued his B.Ed. course during the time when he had no classes to impact.

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However, Mr. B. Kaushik, learned standing counsel for Secondary Education submits that the petitioner being shown as a regular student of the B.Ed. course in his certificate issued by the Swami Vivekananda University, makes it clear that the same had hampered in his normal duties as a teacher in the school.

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Be that as it may, it is also seen in a number of judgments passed by this Court as well as by the Supreme Court that show-cause notices does not determine any rights of the petitioner and as such the same is not amenable to a challenge before the Writ Court under Article 226 of the Constitution of India.

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The petitioner was simply issued a notice to show cause as to the fact that he being shown as a regular examinee from 2016 to 2019 and a regular student in June 2019 would normally show that he did not attend to his classes in the school during that said period. But at the same time, it is also reflected in the certificate that he was awarded the Bachelor of Education degree as a parttime course. It is as such seen that no definite finding has been recorded by any

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authority that he had not done his duties in the school. It is yet to be determined and only a show cause notice was issued to him to which the petitioner states that he has filed a reply.

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In view of the fact that no decision has been reached yet and there is every possibility that the authorities concerned might drop the charges leveled against him at any point of time, this Court directs the petitioner to participate in the said inquiry process. It is also directed that the authorities concerned would not keep the petitioner hanging with his show-cause notice and a reply and would proceed with the inquiry if they decide upon without any delay.

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With this observation this petition is disposed of.

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JUDGE

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Sri Nilutpal Goswami v. the State of Assam and 3 Ors.

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