Gauhati High Court
WP(C)/3394/2026 of KHAIRUL ISLAM Vs THE STATE OF ASSAM AND 3 ORS on 13 October 2026
GAHC010124762026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3394/2026 KHAIRUL ISLAM S/O- LATE MAIZ UDDIN RESIDENT OF KACHARIGAON, P.O. KALIADINGA, RUPAHI, DISTRICT - NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS
GAHC010124762026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3394/2026
KHAIRUL ISLAM
S/O- LATE MAIZ UDDIN RESIDENT OF KACHARIGAON, P.O. KALIADINGA, RUPAHI, DISTRICT - NAGAON, ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT
OF SCHOOL EDUCATION, DISPUR, GUWAHATI - 781006.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI
DISTRICT - KAMRUP METRO
ASSAM PIN - 781019.
3:THE INSPECTOR OF SCHOOLS
NAGAON DISTRICT CIRCLE
NAGAON
ASSAM
PIN-
4:SRI KUSHAL GAYAN
GRADUATE TEACHER
RUPAHI H.S. SCHOOL
NAGAON
ASSAM CURRENTLY HOLDING THE POST OF PRINCIPAL I/C. P.O. - RUPAHI
DISTRICT - NAGAON
PIN - 78212
Advocate for the Petitioner : MR. U DUTTA, B DUTTA
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Advocate for the Respondent : SC, SEC. EDU., MS N SHARMA(R4),Y N MAHANTA(R4),DR. A
CHAMUAH(R4)
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 14-10-2026 Ms. D. Musahary, learned standing counsel, Secondary Education, Assam, on instruction, has submitted that the petitioner although being the senior most teacher in the school, he on the date when the vacancy against the post of Principal of the school had so occasioned, i.e. on 31-03-2026 had crossed the maximum age limit of 57 years as prescribed under the provision of Sub-Rule (3)(v) of Rule 12 of the rules of Assam Secondary Education (Provincialised) Service Rules, 2018 and accordingly, the petitioner is not entitled to hold the said post even on in-charge basis. In view of the said submission made by the learned standing counsel, Secondary Education, Mr. B. Dutta, learned counsel for the petitioner submits that he be permitted to withdraw the present writ petition. The prayer is not objected to by Ms. D. Musahary, learned standing counsel, Secondary Education Department, Assam. In view of the above, the present writ petition stands dismissed on withdrawal.
JUDGE
Comparing Assistant
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