Page No.# 1/15 vs The State Of Assam And 4 Ors
2025 Latest Caselaw 8265 Gua

Gauhati High Court

Page No.# 1/15 vs The State Of Assam And 4 Ors on 3 November, 2025

                                                                 Page No.# 1/15

GAHC010129982025




                                                           2025:GAU-AS:14846

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

                          Case No. : WP(C)/3477/2025

         BALEN ENGTI AND 60 ORS.
         S/O- KAMESWAR ENGTI, R/O- CHANUABORI, P/O- AZARBARI, DIST.-
         MORIGAON, ASSAM.

         2: HARI PAD NATH
          S/O- SIDHESWAR NATH
          R/O- RAJAGAON
          P/O- MORIGAON
          DIST.- MORIGAON
         ASSAM.

         3: SANGITA DAS
         W/O- JAYANTA DAS
          R/O- 45 MANIPUR OUJARI
          P/O- MANIPUR
          DIST.- MORIGAON
         ASSAM.

         4: BHAGYA LAKHI LAHKAR
          S/O- LALIT CHANDRA BORDOLOI
          R/O- BECHAMARIDUBA
          P/O- PHALIHAMARI PATHER
          DIST.- MORIGAON
         ASSAM.

         5: PARBIN THAKUR
          C/O- BHARAT THAKUR
          R/O- BHOMURAGURI
          P/O- BHOMURAGURI
          DIST.- MORIGAON
         ASSAM.

         6: PREMCHARAN BAIRAGI
          S/O-SADHUCHRAN BAIRAGI
                                   Page No.# 2/15

R/O-CHANAKA
P/O-RAJAMAYONG DIST.- MORIGAON
ASSAM.

7: PRITHU BAHADUR LAMA
 C/O- AMAR BAHADUR LAMA
 R/O- RAJAMAYONG
 P/O- MAYOUNG
 DIST.- MORIGAON
ASSAM.

8: NIPAN DEKA
 S/O- ATUL DEKA
 R/O LAWBHURUNGA P/O- BARANGANI
 DIST.- MORIGAON
ASSAM.

9: SIRAJUL ISLAM
W/O- MUSLEHUDIN ISLAM
 R/O- JANPAR
 P/O- AHATGURI
 DIST.- MORIGAON
ASSAM.

10: DHANTI DEKA
 S/O- ANCHER DEKA
 R/O-TAPTOLA
 P/O- TAPTOLA
 DIST.- MORIGAON
ASSAM.

11: HOBIBUR RAHMAN
 S/O- ABDUS SADEQUE
 R/O- BOWALGURI P/O- BOWALGURI
 DIST.- MORIGAON
ASSAM

12: NAZRUL ISLAM
 C/O- LATE EUNUS ALI
 R/O- KUPATIMARI
 P/O- BHURAGAON
 DIST.- MORIGAON
ASSAM.

13: GITARANI SARKAR
W/O- CHANDRA SARKAR
 R/O- BARANGURIBILL
 P/O- DUNGERPAR
                                      Page No.# 3/15

DIST.- MORIGAON
ASSAM.

14: CHITRA DEKA
W/O- LATE LALIT DEKA
 R/O-DAMAL
 P/O- DAMAL
 DIST.- MORIGAON
ASSAM.

15: JAMILA KHATUN
W/O- MUSLEMUDIN
 R/O- TUMAKABURI
 P/O- ROWMARIBILL
 DIST.- MORIGAON
ASSAM.

16: HABIBA AHMED
 C/O- EUNUS ALI
 R/O- DATIALBORI
 P/O- DATIALBORI
 DIST.- MORIGAON
ASSAM.

17: SHARIFA BEGUN
W/O- ALIM UDDIN
 R/O- MAH
ARA BILL
 P/O- GORIMARI
 DIST.- MORIGAON
ASSAM.

18: DEBABALA BISWAS
W/O- SWARUP SARKAR
 R/O- 2 NO BATALIMARI P/O- SONDUBA
 DIST.- MORIGAON
ASSAM.

19: NIROLA KHATUN
W/O- ABDUL HYE
 R/O- MIKIRGAON
P/O- KATHANI DIST.- MORIGAON
ASSAM.

20: PARESH MANDAL
 C/O- MAHADEV MANDAL
 R/O- TELELIGURI
 P/S- RAJAMAYONG
                                   Page No.# 4/15

DIST.- MORIGAON
ASSAM.

21: SUKUMAR MANDAL
 C/O- KHETROMOHAN MANDAL
 R/O- PAVAKATI
 P/O- BURGAON
 DIST.- MORIGAON
ASSAM.

22: DIBAKAR NATH
 S/O- BISHNURAM NATH
 R/O-BARASHIBANDHA
 P/O- BARIBANDHA
 DIST.- MORIGAON
ASSAM.

23: MD NAZIM UDDIN CHOUDHURY
 S/O- AHMED ALI
 R/O- BALIDUNGA
 P/O- BHURAGAON
 DIST.- MORIGAON
ASSAM.

24: ABDUS SALAM
 S/O- ABDUL RASHID
 R/O- LENGRIBORI
 P/O- SAHARIGAON
 DIST.- MORIGAON
ASSAM.

25: AFRUJA BEGUM
W/O- HANIF UDDIN AHMED
 R/O-KAPAUJARI
 P/O-KARATIPAM
 DIST.- MORIGAON
ASSAM.

26: MD JANAL ABEDIN
 S/O- NAZIM UDDIN
 R/O- BARKURANI
 P/O- GAGOLMARI DIST.- MORIGAON
ASSAM.

27: MUKHSIDHUL ISLAM
 S/O- ABDUL QUDDUS
 R/O- DATIALBORI
 P/O- DATIALBORI
                              Page No.# 5/15

DIST.- MORIGAON
ASSAM.

28: DILUWAR HUSSAIN
 S/O- HAFIZ UDDIN
 R/O- HAHCHARABORI
 P/O- BHELOGURI
 DIST.- MORIGAON
ASSAM.

29: JUGALCHANDRA SARKAR
 S/O- FAKIRCHAN SARKAR
 R/O- DIGHALIATI
 P/O- BHURAGAON
 DIST.- MORIGAON
ASSAM.

30: MUSHIDA BEGUM
W/O- SHAH ALAM
 R/O- BORBOROI
 P/O- BELTOLA
 DIST.- MORIGAON
ASSAM.

31: PURYAPRABA BISWAS
 S/O- JITEN CHANDRA BISWAS
 R/O- BHUKUAMARI GAON
 DIST.- MORIGAON
ASSAM.

32: FATEMA KHATUN
W/O- EUSHUF ALI
 R/O- KALMOUBARI NAMABASTI
 P/O- SUKDOL SARUBORI
 DIST.- MORIGAON
ASSAM.

33: MISS SWARNAMONI DAS
W/O- HARAKANTA DAS
 R/O- KAHUA ATI
 P/O- BORCHILA
 DIST.- MORIGAON
ASSAM.

34: JUNTI DEKA
 C/O- NIREN DEKA
 R/O- NELLIE
 P/O- NELLIE
                                  Page No.# 6/15

DIST.- MORIGAON
ASSAM.

35: PANKAJ KUMAR DEKA
 S/O- SURENDRA DEKA
 R/O- BONGALBORI
 DIST.- MORIGAON
ASSAM.

36: AKANTI BHUYAN
 S/O- KIRAN BORDOLOI
 R/O- SUKDOL BORBORI
 P/O- SUKDOL SARUBORI
 DIST.- MORIGAON
ASSAM.

37: ABDUS SALAM
 S/O- RASTOM ALI
 R/O- BHUYABORI PATHER
 P/O- CHAITANTOLI
 DIST.- MORIGAON
ASSAM.

38: FATEMA KHATUN
W/O- KUDRET ALI
 R/O- BASUNDHARA P/O- SILCHANG
 DIST.- MORIGAON
ASSAM.

39: FATIMA KHATUN
W/O- HAJRAT ALI
 R/O- DEWAGURI
 P/O-DEWAGURI DIST.- MORIGAON
ASSAM.

40: MD NURUL HOQUE CHOUWDHURY
 S/O- LATE ABDUL RAHMAN
 R/O- GOROIMARI
 DIST.- MORIGAON
ASSAM.

41: NITU PRABAN NATH
 S/O- NITUL KUMAR NATH
 R/O- KUMURAGURI
 P/O- KUMURAGURI
 DIST.- MORIGAON
ASSAM
                                   Page No.# 7/15

42: RIJU KUMAR DEVI
W/O- PRAFULLA CHANDRA NATH
 R/O- HABIBARANGA BARI
 P/O- HABIBARANGA BARI
 DIST.- MORIGAON
ASSAM.

43: TEEKENDRA KUMAR NATH
 S/O- LATE PITRAM NATH
 R/O- BAGARIBORI
 P/O- KUMURAGURI
 DIST.- MORIGAON
ASSAM.

44: NARAYAN CHANDRA NATH
 S/O- KAMALCHANDRA NATH
 R/O- PATSHAL
 P/O- MISSAMARI
 DIST.- SONITPUR
ASSAM.

45: MANTU PATOR
 S/O- JHULESWAR PATOR
 R/O- PATIDOYA
 P/O- PATIDOYA
 DIST.- MORIGAON
ASSAM.

46: GUNAKANTA BORDOLOI
 S/O- LATE BAKACHANDRA BORDOLOI
 R/O- SUKHANAGUG
 P/O- BAGHARA
 DIST.- MORIGAON
ASSAM.

47: NIVARANI RANGHANG
 S/O- PRADIP RABHA
 R/O- GUBALI GAON
 P/O- DHARANTUL
 DIST.- MORIGAON
ASSAM.

48: RUNTI SHARMA
 S/O- TANKESWAR DEV SARMAH
 R/O- MODUPUR
 P/O- JAGIBAKHATGAON
 DIST.- MORIGAON
ASSAM.
                               Page No.# 8/15


49: PRANITIYA DEVI
 S/O- JUGALCHANDRA BORDOLOI
 R/O- KUMOIKACHARIGAON
 P/O- JAGIBHAKATGAON
 DIST.- MORIGAON
ASSAM.

50: MRIDUL CH. DEKA
 S/O- GAMDHIR DEKA
 R/O- GARMARI
 P/O- SARUBORI
 DIST.- MORIGAON
ASSAM.

51: SAFIQUL ISLAM
 S/O- MD ABDUL HEKIM
 R/O- TITATALA
 P/O- BORIBONDHA
 DIST.- MORIGAON
ASSAM.

52: SWARNALATA BISWAS
 S/O- NAREN SARKAR
 R/O- LEEHERIBORI
 P/O- BURGAON
 DIST.- MORIGAON
ASSAM.

53: AYESHA JULKA
W/O- ABDUL MALEK
 R/O- PALAHJURI
 P/O- GARUKHUTI
 DIST.- MORIGAON
ASSAM.

54: PRAMILA SANNYASI
 S/O- PRASAD SANNYASI
 R/O- 1 NO BURGAON
 P/O-BURGAON
 DIST.- MORIGAON
ASSAM

55: TITIKA RAY
W/O- PADMA DEORI
 R/O- SISSIMUKH DEORIGAON
 DIST.- DHEMAJI
ASSAM.
                                                    Page No.# 9/15


56: NILIMA ROY
 S/O- ASWINI RAM ROY
 R/O- BATARDOL
 P/O- CHAPAR
 DIST.- DHUBRI
ASSAM.

57: NANDITA CHOUDHURY
 S/O- SASANKA CHOUDHURY
 R/O- NORTH BAREGARH
 P/O- AMBARI
 DIST.- BONGAIGAON
ASSAM.

58: KHAGESWARI BALA RAY
 S/O- SAHADEV RAY
 R/O- BORDHUP
 P/O- HAPACHARA
 DIST.- BONGAIGAON
ASSAM.

59: JADUNANDA NATH
 S/O- DHIRENDRA CHANDRA NATH
 R/O- BORO BAGUAN
 P/O- BAGUAN
 DIST.- GOALPARA
ASSAM.

60: PARIMAL KANTA BARMAN
 S/O- HALADHAR BARMAN
 R/O- MARICH BARI
 P/O- DHUMER GHAT
 DIST.- GOALPARA
ASSAM.

61: SALIM UDDIN AHMED
 S/O- SORIF UDDIN
 R/O- BAGARIBARI
 P/O- NAGABANDHA
 DIST.- MORIGAON
ASSAM

VERSUS

THE STATE OF ASSAM AND 4 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT,
                                                                        Page No.# 10/15

              DISPUR, GUWAHATI-6.

              2:THE EDUCATION DIRECTOR
               ELEMENTARY DEPARTMENT
               KAHILIPARA
               GUWAHATI-1 ASSAM.

              3:THE DISTRICT COMMISSIONER
               DISTRICT- MORIGAON
              ASSAM.

              4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEO)
               DISTRICT- MORIGAON
              ASSAM.

              5:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO)

              DISTRICT- MORIGAON
              ASSAM

Advocate for the Petitioner   : MR. M H LASKAR, MS. A SULTANA,M. HOSSAIN,MR. S ROY

Advocate for the Respondent : GA, ASSAM, MR. B. TALUKDAR, SC, ELEM. EDU




                                    BEFORE
                    HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                         ORDER

Date : 03.11.2025 Heard Mr. M. H. Laskar, learned counsel appearing for the writ petitioners. Also heard Mr. B. Talukdar, learned Standing Counsel, Elementary Education, for the respondent Nos. 1, 2, 4 & 5, and Ms. S. Bora, learned counsel appearing for the State respondent No. 3.

2. By way of this instant writ petition under Article 226 of the Constitution of India, the writ petitioners are seeking, inter alia, provincialisation of service as Hindi teachers of Upper Primary/M.E. school in their respective schools in accordance with the provisions of Page No.# 11/15

the Assam Education (Provincialisation of Services of Teachers & Re- Organization of Educational Institutions) Act, 2017 (hereinafter referred to as the "Assam Education Act, 2017") and the rules framed thereunder.

3. The brief facts of the case are that the writ petitioners were appointed as Hindi teachers in various Upper Primary/M.E. schools, which were established as venture schools in the Morigaon district of Assam. It is the further case of the writ petitioners that they were serving for more than 20 years, and some of the writ petitioners are on the verge of retirement and that they have been working without any fixed pay with the sole hope that their services would be provincialized as per the government in due recognition of their hard labour without remaining remuneration. It is the further case of the writ petitioners that they possess the required qualification and are entitled to get the benefits of provincialisation and that "Hindi Language" is a compulsory subject that is taught in all upper primary/M.E. schools in the State of Assam. It is the further case of the writ petitioners that recently the schools of the writ petitioners, along with teaching staffs, have been provincialized under the Assam Education Act, 2017; however, their services have not been provincialized. Situated thus, the present writ petition has been filed.

4. It is submitted at the bar that a similar issue involved in the instant writ petition has already been adjudicated by this court in the case of Alokesh Chandra Ray and Ors. v. The State of Assam and Ors., in WP(C) No. 3597/2021, wherein the coordinate bench of Page No.# 12/15

this court after hearing the matter at length was pleased to dispose of the said writ petition with a direction to the respondent authorities to reconsider the case of the writ petitioners in terms of the provisions of Section 3 (1) (xi) of the Assam Education Act, 2017, and further directed to file their individual representation before the appropriate authority within a period of 20 days from the date of passing of the said order. It is further submitted at the bar that the instant writ petition may be similarly closed in the line of the decision passed in WP(C) No. 3597/2021.

5. Having heard and perused the material available on record, it appears that this court, in the above referred case of the coordinate bench wherein in the context of similar facts and circumstances, was pleased to direct the respondent authorities to consider the case of the writ petitioners therein for provincialisation in terms of Section 3 (1)

(xi) of the Assam Education Act, 2017.

6. Relevant paragraphs of the aforesaid judgment & order reads as under: -

"14. The grievances of the petitioners are for provincialization of their services as a Hindi (Language) teachers in their provincialized respective Upper Primary schools in terms of the Assam Education Provincialization Act, 2017 as well as the provisions of the Right of Children to Free and Compulsory Education Act, 2009. Admittedly, the petitioners are Hindi (Language) teachers who have been appointed in the various schools in the districts of Dhubri, Goalpara, Bongaigaon, Kokrajhar, Kamrup, Chirang, Nalbari and Barpeta. The petitioners' appointment ranges from 1983 to 2010. Records reveal that the schools where the petitioners have been serving are provincialized.

15. Having considered the specific prayer of the petitioners for a Page No.# 13/15

direction to the respondent authorities to provincialised their services in terms of Section 3(1)(xi) of the Assam Education Provincialization Act, 2017 as well as the Schedule appended to the Right of Children to Free and Compulsory Education Act, 2009, I deem it appropriate to refer to the said provisions, which are reproduced herein below:-

'3. Eligibility criteria for selection of educational institution for provincialisation of services of teachers/tutors:- (1) Subject to the provisions of Article 30 of the Constitution of India, the following categories of Venture Educational Institutions shall be eligible for being considered for provincialisation of the services of their teachers and tutors:-

(xi) In case of Venture Upper Primary School there shall be minimum three teachers or tutors at least one teacher each for (a) Science and Mathematics (b) Social Studies and (c) Languages:

Provided that for additional posts it shall be considered in accordance with the norms and standard stipulated in the Schedule under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009)'

16. Bare perusal of the above provisions shows that for Venture Upper Primary School there shall be a minimum of three teachers or tutors at least one teacher each for Science and Mathematics, Social Studies and Languages and for additional posts it shall be considered in accordance with the norms and standards stipulated in the Schedule under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009. Thus, it is clear that for each Venture Upper Primary School there shall be minimum three teachers or tutors at least one teacher each for Science and Mathematics, Social Studies and Languages.

17. On consideration of the above provision, it is seen that there may a scope for additional teachers. However, such additional posts shall be considered in accordance with the norms and standard as per the Right of Children to Free and Compulsory Education Act, 2009.

18. Having considered that the provisions of Right of Children to Free and Compulsory Education Act, 2009, is not an issue to be considered, this Court refrains from referring the said provisions as the same would be of no avail.

Page No.# 14/15

19. It is stated at the Bar that the post of Language teachers have already been filled up in the venture upper primary schools, there may not be any possibility of appointing more language teachers. However, as noted above, the provisions of Section 3(1)(xi) of the Assam Education Provincialization Act, 2017, provides for a scope of additional post as the same provides that there shall be a minimum three teachers or tutors at least one teacher each for each of the subject and out of the three subjects including the languages, I am of the view that the respondent authorities may reconsider the case of the petitioners, as the provisions provides for a scope to provincialized additional teachers as per the standards stipulated in the schedule under Sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009, as it appears that no consideration has been made in that direction.

20. Having considered above, I am of the view that the respondent authorities may reconsider the case of the petitioners taking into account the provisions of Section 3(1)(xi) of the Assam Education Provincialization Act, 2017. However, such view should not be construed as a mandamus to provincialised the services of the petitioners.

21. In view of discussion and observations made herein above, the present writ petitions are disposed of with a direction to the respondent authorities to reconsider the case of the petitioners in terms of the provisions of Section 3(1) (xi) of the Assam Education Provincialization Act, 2017.

22. The petitioners are directed to file their individual representation before the appropriate authority within a period of 20(twenty) days from today. On receipt of the representation that may be filed by the petitioners as directed herein above, the respondent authorities shall consider the case of the petitioners individually within a period of 4(four) months thereafter.

23. In terms of above directions and observations, the present writ petitions are disposed of. No order as to costs."

7. It appears that pursuant to the aforesaid decision of this court, the coordinate bench of this court in the case of Monowara Khatun and Ors. v. The State of Assam and Ors., in WP(C) No. 5072/2021 along with other linked cases, was pleased to dispose of Page No.# 15/15

the above referred writ petition by judgment & order dated 22.10.2025 in the line of Alokesh Chandra Ray (Supra). These aforesaid two judgments referred above, i.e., the case of Alokesh Chandra Ray (Supra) and Monowara Khatun (supra) squarely is applicable to the facts and circumstances of the present case.

8. In view of the above, this court deems it appropriate in the interest of justice to dispose of the instant writ petition similarly as that Alokesh Chandra Ray (Supra) and Monowara Khatun (supra), by directing the writ petitioners to file their individual representation before the Director of Elementary Education, Government of Assam, within a period of 15 (fifteen) days from today, and the said authority upon receipt of such representations shall consider the same by taking into account the provision of Section 3 (1)

(xi) of the Assam Education Act, 2017, and dispose of the representations thereafter within a period of 4 (four) months from the date of receipt of the said representations.

9. Ordered accordingly.

10. With the above observation and directions, the writ petition accordingly stands disposed of.

JUDGE

Comparing Assistant