Gauhati High Court
Smt Binita Kalita vs The State Of Assam And 4 Ors on 11 March, 2026
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GAHC010045652026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1400/2026
SMT BINITA KALITA
W/O LATE MR. BIPUL GOSWAMI, RESIDENT OF ATULYA GARDEN
RESIDENCY, ANANDA NAGAR, SIX MILE, GUWAHATI - 781022, DISTRICT -
KAMRUP(M), ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
DEPARTMENT OF SCHOOL EDUCATION (SECONDARY EDUCATION
DEPARTMENT), ASSAM (CIVIL) SECRETARIAT, BLOCK - C, DISPUR,
GUWAHATI - 781006, ASSAM.
2:THE DIRECTOR OF SECONDARY EDUCATION
KAHILIPARA
GUWAHATI -781019
ASSAM.
3:THE DEPUTY DIRECTOR
SECONDARY EDUCATION
GUWAHATI - 781019
ASSAM.
4:THE INSPECTOR OF SCHOOLS
KAMRUP(M) DISTRICT CIRCLE
PANBAZAR
DISTRICT - KAMRUP(M)
GUWAHATI -781001
ASSAM.
5:MRS MONOWARA BEGUM
ASSISTANT TEACHER (HINDI)
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GOPAL BORO GOVERNMENT H.S. SCHOOL
DISPUR
GUWAHATI -781006
DISTRICT - KAMRUP(M)
ASSAM
Advocate for the Petitioner : MR. M SARMA,
Advocate for the Respondent : SC, SEC. EDU.,
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 11.03.2026 Heard Mr. M. Sharma, learned counsel, appearing for the petitioner. Also heard Mr. U. Sharma, learned Standing Counsel, Secondary Education Department.
2. The petitioner in the present proceedings has raised a grievance with regard to the appointment of a junior i.e. the respondent no.6 as the In-charge Principal of Gopal Boro Government Higher Secondary School, vide issuance of an order dated 27.02.2026.
3. The petitioner has projected by placing reliance on gradation list of the school, in question, that she is the senior most incumbent in the post of Post Graduate teachers/ Graduate teachers and possess all the requisite qualifications as mandated under the provisions of the Assam Secondary Education (Government Schools) Services Rules 2020, for being appointed as the Principal of the school on regular basis. Accordingly, she submits that she cannot be deprived of an opportunity to hold the post of Principal, In-charge, of the school, in question, on a vacancy arising therein. The petitioner projects that she had acquired the B.Ed. degree after undergoing a course of study from Indira Gandhi National Open University (IGNOU) in the year June, 2015. He submits that the said course having been pursued by her on Distance Education Mode of the said University and it being permissible for the said University to offer the said course in the State of Assam also, the B. Ed. degree as obtained by the petitioner is valid for all purposes.
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4. Mr. M. Sarma, submits that the petitioner has been denied the opportunity to hold the charge of the post of Principal In-charge of the school, in question, only on the ground that the petitioner had pursued the said B. Ed. Course from IGNOU without taking prior permission from the Departmental authorities.
5. This Court has already in several decisions laid down that a degree qualification acquired by an employee from a recognized University/Institution is valid for all intent and purports and there being no dispute with regard to the recognition of IGNOU by the Government of Assam, the B. Ed. Degree obtained by the petitioner could not have been ignored by the respondent authorities.
6. Issue notice returnable by 04 (four) weeks.
7. Mr. U. Sharma, learned Standing Counsel, Secondary Education Department, accepts notice on behalf of the respondent nos.1, 2, 3 and 4. No formal notice is required to be issued, however, requisite extra copies of the writ petition be furnished to the learned counsel for the respondents within 3 (three) working days from today.
8. Petitioner to take steps for service of notice upon the respondent no.5 by way of speed post within 3 (three) working days. Petitioner is also permitted to effect service of notice upon the respondent no.5 by way of dasti mode routed through the Registry of this Court. On effecting such service, petitioner to file an affidavit.
9. The petitioner had prayed for an interim prayer. Considering the facts noticed, hereinabove, as well as the seniority position of the petitioner in the School, as reflected in the gradation list brought on record, this Court is of the considered view that the impugned order dated 27.02.2026, passed by the Director of Secondary Education, Assam, allowing the respondent no.5 to hold the charge of the post of Headmaster of the school, in question, would mandate to be kept in abeyance. Accordingly, the said order dated 27.02.2026 shall remain stayed till the next returnable date.
10. This Court having stayed the operation of order dated 27.02.2026, the charge of the post of Principal of Gopal Boro Government Higher Secondary School, Dispur, till the next returnable date, shall be held by the jurisdictional Inspector of Schools. The Director of Secondary Education of Assam, shall pass appropriate orders in the said connection.
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11. Registry to list this matter again after 04 (four) weeks.
JUDGE Comparing Assistant