Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 7 Ors on 20 March, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010026422015
2025:GAU-AS:2988
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7282/2015
MRS. ANJALI AHMED
W/O SAYED AHMED, VILL. and P.O. TUKRAPARA, P.S. CHAYGAON, DIST.
KAMRUP RURAL, ASSAM, PIN 781136
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR,
GHY-6
2:THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM
EDUCATION SECONDARY DEPTT.
DISPUR
GUWAHATI 781006
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 781019
4:THE DEPUTY COMMISSIONER
CUM CHAIRMAN OF THE DIST. SCRUTINY COMMITTEE FOR SECONDARY
EDUCATION
KAMRUP R
AMINGAON
DIST. KAMRUP R
ASSAM
Page No.# 2/4
GUWAHATI 31
5:THE INSPECTOR OF SCHOOLS
KAMRUP DIST. CIRCLE
AMINGAON
GUWAHATI-31
6:THE GOVERNING BODY OF KALATOLI KATHMI ANCHALIK JUNIOR
COLLEGE
REPRESENTED BY ITS SECY.
P.O. KALATOLI BAZAR
DIST. KAMRUP R
ASSAM
PIN 781136
7:THE PRINCIPAL OF KALATOLI KATHMIN ANCHALIK JUNIOR COLLEGE
P.O. KALATOLI BAZAR
DIST. KAMRUP R
ASSAM
PIN 781136
8:MOFIDA KHATUN
W/O NURUL ISLAM
VILL. and P.O. TUKRAPARA
DIST. KAMRUP R
ASSAM
PIN -78113
Advocate for the Petitioner : MR.M K CHOUDHURY, MR.D A KAIYUM,MR.A AHMED,MR.N
BARUAH
Advocate for the Respondent : MR.N N B CHOUDHURYR-8, SC, SECONDARY
EDUCATION,GA, ASSAM,MR.M P CHOUDHURY(R-7),MRD P SAHU(R-8)
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 20-03-2025
No one appears for the petitioner on call.
Page No.# 3/4
It is also noticed that no one had appeared for the petitioner on the last
date also.
Mr. U Sharma, learned counsel appears for the respondent Nos. 2 to 5; Mr.
G Pegu, learned counsel appears for the respondent No. 1; Mr. NNB Choudhury,
learned counsel appears for the respondent No. 8; while Mr. MP Choudhury,
learned counsel appears for the respondent No. 7.
No one appears for the respondent No. 6.
The petitioner is aggrieved by the order dated 09.10.2015 issued by the
Director, Secondary Education Department, Assam, by which the case of the
petitioner for provincialisation of her service as per the provision of Assam
Venture Educational Institutions (Provincialisation of Services) Act, 2011
(hereinafter referred to as the "2011 Act"), has been rejected. The petitioner is
also aggrieved by the order of the Director of Secondary Education dated
18.11.2015, by which the service of the respondent No. 8 had been
provincialised as Lecturer of Economics in Kalatoli Kathmi Anchalik Jr. College,
Boko, Kamrup (Rural) under the 2011 Act.
The 2011 Act has been struck down by the Division Bench of this Court in
WP(C) 3190/2012, vide judgment and order dated 23.09.2016, as being ultra
vires the Constitution.
As the petitioner has prayed for provincialisation of her service under the
2011 Act, it prima facie appears that the prayer of the petitioner cannot be
granted. However, as no one appears for the petitioner and as the case pertains
to the year 2015, it appears that the petitioner is not interested in pursuing the
Page No.# 4/4
matter any longer. Accordingly, the writ petition is dismissed for non-
prosecution.
JUDGE
Comparing Assistant
