Page No.# 1/6 vs The State Of Assam And 5 Ors
2025 Latest Caselaw 243 Gua

Gauhati High Court

Page No.# 1/6 vs The State Of Assam And 5 Ors on 6 May, 2025

                                                                  Page No.# 1/6

GAHC010196722024




                                                          2025:GAU-AS:5588

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

                         Case No. : WP(C)/4816/2024

         JITUMONI DAS AND 16 ORS.
         S/O- DINESH CH. DAS, R/O VILLAGE- KSHUDRADIMU, P.O.-
         KSHUDRADIMU, DIST.- KAMRUP, ASSAM, PIN- 781382.
         (WORKING AS SUBJECT TEACHER OF ENGLISH IN MILAN H.S. SCHOOL).

         2: ABDUL FAJAL
          S/O- TAMIJUDDIN AHMED
          R/O VILLAGE- JAPIA
          P.O.- JAPIA
          DIST.- KAMRUP
          ASSAM
          PIN- 781382.
         (WORKING AS SUBJECT TEACHER OF ASSAMESE IN MILAN H.S.
         SCHOOL).

         3: DINESH CH. DEKA
          S/O- LATE BIPIN CH. DEKA
          R/O VILLAGE- JAPIA
          P.O.- JAPIA
          DIST.- KAMRUP
          ASSAM
          PIN- 781382.
         (WORKING AS SUBJECT TEACHER OF HISTORY IN MILAN H.S. SCHOOL).

         4: BASANTA KUMAR SARMA
          R/O VILLAGE- BARUAJANI
          P.O.- BARUAJANI
          DIST.- KAMRUP
          ASSAM
          PIN- 781380.
         (WORKING AS SUBJECT TEACHER OF EDUCATION IN MILAN H.S.
         SCHOOL).

         5: BIJOY CH. DAWKA
                                                        Page No.# 2/6

 S/O- LATE BHUMIDHAR DAWKA
 R/O VILLAGE- GARPOT
 P.O.- BARANGHATI
 DIST.- KAMRUP
 ASSAM
 PIN- 781350.
(WORKING AS SUBJECT TEACHER OF POLITICAL SCIENCE IN MILAN H.S.
SCHOOL).

6: DIPAMANI KUMAR
 D/O- LATE TARANI CH. KUMAR
 R/O VILLAGE- DIMU
 P.O.- KSHUDRADIMU
 DIST.- KAMRUP
 ASSAM
 PIN- 781382.
(WORKING AS SUBJECT TEACHER OF ADVANCE ASSAMESE IN MILAN
H.S. SCHOOL).

7: MUNINDRA CH. KALITA
 S/O- LATE PHANINDRA KALITA
 R/O VILLAGE- PALARA
 P.O.- KSHUDRADIMU
 DIST.- KAMRUP
 ASSAM
 PIN- 781382.
(WORKING AS SUBJECT TEACHER OF LOGIC AND PHILOSOPHY IN MILAN
H.S. SCHOOL).

8: MADHAV CHOUDHURY
 S/O- RAMESH CHOUDHURY
 R/O VILLAGE- JAPIA
 P.O.- JAPIA
 DIST.- KAMRUP
 ASSAM
 PIN- 781382.
(WORKING AS GRADE-IV IN MILAN H.S. SCHOOL).

9: ABDUS SALAM MOLLAH
 S/O- TULA MIAH MOLLAH
 R/O VILLAGE- PUTHIA
 P.O.- MEDARTORY
 DIST.- DHUBRI
 ASSAM
 PIN- 783127.
(WORKING AS SUBJECT TEACHER OF ECONOMICS IN TUMNI MADRASSA
H.S. SCHOOL).
                                                       Page No.# 3/6

10: MD. MOHIBUR RAHMAN
 S/O- MD. ISMAIL SIKDAR
 R/O VILLAGE- TUMNI
 P.O.- TUMNI
 DIST.- DHUBRI
 ASSAM
 PIN- 783127.
(WORKING AS SUBJECT TEACHER OF LOGIC AND PHILOSOPHY IN TUMNI
MADRASSA H.S. SCHOOL).

11: ARIFUL RAHMAN
 S/O- LUTFAR RAHMAN
 R/O VILLAGE- JHOWDANGA
 P.O.- TUMNI
 DIST.- SOUTH SALMARA
 ASSAM
 PIN- 783127.
(WORKING AS SUBJECT TEACHER OF HISTORY IN TUMNI MADRASSA H.S.
SCHOOL).

12: ABDUL KHALEQUE
 S/O- ASHAK ALI
 R/O VILLAGE- SUNDERPARA PT-IV
 P.O.- AIRKATA
 DIST.- DHUBRI
 ASSAM
 PIN- 783127.
(WORKING AS SUBJECT TEACHER OF POLITICAL SCIENCE IN TUMNI
MADRASSA H.S. SCHOOL).

13: BEGUM JAHIDA AHMED
  D/O- SHOHIDUR RAHMAN
  R/O VILLAGE- SUNDERPARA PT-IV
  P.O.- AIRKATA
  DIST.- DHUBRI
 ASSAM
  PIN- 783127.
(WORKING AS SUBJECT TEACHER OF ENGLISH IN TUMNI MADRASSA
H.S. SCHOOL).
.
14: ABDUL MATIN AKAND
  S/O- KADIM BAHAR AKAND
  R/O VILLAGE- NIZ MONIRCHAR
  P.O.- SARKARERGAON
  DIST.- DHUBRI
 ASSAM
  PIN- 783127.
(WORKING AS SUBJECT TEACHER OF MIL-ASSAMESE IN TUMNI
                                                       Page No.# 4/6

MADRASSA H.S. SCHOOL).

15: NAZMA KHATUN
 D/O- ABDUL NOOR MIAH
 R/O VILLAGE- TUMNI
 P.O.- TUMNI
 DIST.- DHUBRI
 ASSAM
 PIN- 783127.
(WORKING AS SUBJECT TEACHER OF EDUCATION IN TUMNI MADRASSA
H.S. SCHOOL).

16: SHIRAZUL ISLAM PRODHANI
 S/O- MD. ABDUL MONNAF
 R/O VILLAGE- BOIDER GAON
 P.O.- PATAKATA
 DIST.- DHUBRI
 ASSAM
 PIN- 783127.
(WORKING AS LDA IN TUMNI MADRASSA H.S. SCHOOL).

17: MOYNAL HOQUE AHMED
 S/O- AMIZ UDDIN AHMED
 R/O VILLAGE- TUMI SIMLAKANDI
 P.O.- TUMNI
 DIST.- DHUBRI
 ASSAM
 PIN- 783127.
(WORKING AS GRADE-IV IN TUMNI MADRASSA H.S. SCHOOL)

VERSUS

THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-781001.

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

3:THE INSPECTOR OF SCHOOLS
 KAMRUP DISTRICT CIRCLE
 DIST.- KAMRUP(R).

4:THE INSPECTOR OF SCHOOLS
 DHUBRI DISTRICT CIRCLE
 DIST.- DHUBRI
                                                                       Page No.# 5/6

             ASSAM
             PIN- 783334.

            5:SECRETARY
            ASSAM HIGHER SECONDARY EDUCATION COUNCIL
             BAMUNIMAIDAM
             GUWAHATI-781021.

            6:CHAIRMAN
            ASSAM HIGHER SECONDARY EDUCATION COUNCIL
             BAMUNIMAIDAM
             GUWAHATI-781021

Advocate for the Petitioner   : MRS. K DEVI, MS S A KHALIFA,L KIKON

Advocate for the Respondent : SC, SEC. EDU., SC, AHSEC

                                   BEFORE
                  HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                         ORDER

Date : 06.05.2025

Heard Mrs. K. Devi, learned counsel for the petitioners. Also heard Mr. S. M. T. Chistie, learned Standing Counsel, Secondary Education Department, for the respondent Nos. 1, 2, 3 & 4 and Mr. D. K. Roy, learned Standing Counsel, ASSEB, for the respondent Nos. 5 & 6.

2. The learned counsel for the parties, submit that the issue involved in this writ petition is similar in facts and in law with WP(C) No. 3224/2024, which was disposed of by this Court on 07.04.2025. It is, accordingly, submitted that the directions, passed in WP(C) No. 3224/2024, shall cover the present writ petition.

3. This Court, by the Judgment and Order dated 07.04.2025, disposed of the WP(C) No. 3224/2024 with the following directions:

Page No.# 6/6

"35. Accordingly, the respondent authorities, namely, the Secretary to the govt.

of Assam, Secondary Education Department and the Director of Secondary Education, Assam as well as the AHSEC are directed to consider the case of the petitioners, within a period of three (3) weeks, from the date of receipt of certified copy of this order."

4. Accordingly, this writ petition is disposed of in terms of the directions passed by this Court on 07.04.2025 in WP(C) No. 3224/2024, which shall also cover the case of the petitioners in the present writ petition.

JUDGE

Comparing Assistant