Page No.# 1/12 vs The State Of Assam And 4 Ors
2025 Latest Caselaw 8269 Gua

Gauhati High Court

Page No.# 1/12 vs The State Of Assam And 4 Ors on 3 November, 2025

                                                               Page No.# 1/12

GAHC010123722025




                                                          2025:GAU-AS:14845

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

                            Case No. : WP(C)/3469/2025

         CHAMPAK KR. NATH AND 36 ORS
         S/O- BHADRESWAR NATH, R/O- BARABHETI NATH CHUBA-2, P/O-
         KACHUMARI, DIST.- NAGAON, ASSAM.

         2: HEMENDRA KR. NATH
          S/O- PADMA KANTA NATH
          R/O- NAMGHAR BAMUNGAON NIZ-KACHAMARI
          P/O- KACHUMARI
          DIST.- NAGAON
         ASSAM.

         3: ABDUL KUDDUS
          S/O- ABDUL KADIR
          R/O- 45 HATIJUJUA ROAD NEAR MASJID HATIJUJUA
          P/O- HATIJUJUA
          DIST.- NAGAON
         ASSAM.

         4: JAKIR HUSSAIN
          S/O- AFAZ UDDIN
          R/O- RAJA ALI
          P/O- JURIRPAR
          DIST.- NAGAON
         ASSAM.

         5: FATIMA SULTANA
          C/O- ABDUL HASIB CHOWDHURY
          R/O- RAMONI PATHER
          P/O- JURIRPAR
          DIST.- NAGAON
         ASSAM.

         6: FARIDA BEGUM
         W/O- NUR AHMED LASKAR
                                                   Page No.# 2/12

R/O- 118 DOBOKA RAUWAR PAR ROAD NEAR JAME MASJID RAUWARPAR
GAON
DOBOKA HOJAI
DIST.- NAGAON
ASSAM.

7: SABINA JESMIN
 C/O- NASHIR UDDIN
 R/O- MUKUNDA ALI
 P/O- LETERIRPAR SADAR
 DIST.- NAGAON
ASSAM.

8: ABDUL SAHID
 S/O- HUSSAIN ALI
 R/O.- P/O- KADAMONI
 DIST.- NAGAON
ASSAM.

9: LUTFUN NEHAR
W/O- ABU KALAM
 R/O- PUB LARIRAMUKHA
 P/S- LOWKHUWA
 DIST.- NAGAON
ASSAM.

10: MARJINA BEGUM
 S/O- MD SAFUL ISLAM
 R/O- KANDULIMANI
 P/O- TARABARI
 DIST.- NAGAON
ASSAM.

11: CHINU PRAVA DEVI
 S/O- LAKH RAM NATH
 R/O- TARABARI
 P/O- ALIKUCHI
 DIST.- NAGAON
ASSAM.

12: RATNESWAR NATH
 S/O- SARUMAN NATH
 R/O- DA GAON BAMUNBORI
 P/O- GANDHIBORI
 DIST.- MARIGAON
ASSAM.

13: HUSNARA BEGUM
                                       Page No.# 3/12

C/O- ABDUL QUDDUS
R/O- DHINGBARI CHAPARI
P/O- ALITANGANI
DIST.- NAGAON
ASSAM.

14: NIREN KONWAR
 S/O- ARTHA KONWAR
 R/O- KATAHGURI
 P/O- SARAGAON
 DIST.- NAGAON
ASSAM.

15: SABITA RANI DEKA
 C/O- SASHI KANTA DEKA
 R/O-NAMGHAR BORAGAON NIZ-KACHAMARI
 P/O- KACHAMARI
 DIST.- NAGAON
ASSAM.

16: PHANIDHAR DAS
 S/O- AMOI DAS
 R/O- MAGURGAON
 P/O- SALMARA
 DIST.- NAGAON
ASSAM.

17: AMIR HUSSAIN
 S/O- MD. TURAB ALI
 R/O- SUNSERI
 P/O- KANDHULIMARI
 DIST.- NAGAON
ASSAM.

18: MURALI DHAR CHETRI
 S/O- KHAMBAR SING CHETRI
 R/O- BECELIMARI
 P/O- BENGENAATI
 DIST.- NAGAON
ASSAM.

19: JAGANNATH DAS
 S/O- KRISHNA KANTA DAS
 R/O- 1 NO KAKI
 1 NO. GAON
 P/O- KAKI
 DIST.- NAGAON
ASSAM.
                                      Page No.# 4/12


20: MONIJA BEGUM
 S/O- IBADUL ISLAM
 R/O- BHUYAN AJB ROAD KHUTI KATIA
 HAIBARGAON
 DIST.- NAGAON
ASSAM.

21: MAHMUDA KHATUN
 C/O- HAJRAT ALI
 R/O- DIGHALIAATI (PASCHIM)
 P/S- JURIA
 DIST.- NAGAON
ASSAM.

22: ROMENA KHATUN
 C/O- ABUL KASHEM
 R/O- SONARI GAON
 P/O- SANARIGAON
 DIST.- NAGAON
ASSAM.

23: FATIMA KHATUN
W/O- HIFZUR RAHMAN MOJUMDAR
 R/O- 127 NILBAGAN HAWRAGHAT ROAD
 BORHAWAR
 DIST.- NAGAON
ASSAM.

24: ZAHED ALI
 S/O- LATE ASAN ALI
 R/O- 1 NO. KANDHULIMARI
 P/O- KANDHULIMARI
 DIST.- NAGAON
ASSAM.

25: AJGAR ALI SARKAR
 S/O- MD. UMAR ALI SARKAR
 R/O- MAGURMARI
 P/O- KANDHULIMARI
 DIST.- NAGAON
ASSAM.

26: PRATIMA HAZARIKA
W/O- PRABIN SAIKIA
 R/O- NEAR NAMGHAR BARHAMPUR GRANT
 BARHAMPUR
 DIST.- NAGAON
                               Page No.# 5/12

ASSAM.

27: PINKU DEVI
 S/O- ANANTA NATH
 R/O- PIPARA GAON
AMTOLA
 PUBGUIMAR
 RAHA
 DIST.- NAGAON
ASSAM.

28: ABDUS SALAM BARBHUYAN
 S/O- MOSHAID ALI BARBHUYAN
 R/O- BARBALI GAON
 P/O- BORBALI
 DIST.- NAGAON
ASSAM.

29: ANUWAR HUSSAIN
 S/O- OSMAN ALI
 R/O- 2 NO. KACHUBA
 P/O- KACHUA
 DIST.- NAGAON
ASSAM.

30: TAJNUL HOQUE CHOWDHURY
 S/O- HAFIZ UDDIN
 R/O- DHANIA BETI GAON
 P/O- DHANIABETI
 DIST.- NAGAON
ASSAM.

31: ABDUL KALAM
 S/O- LATE SAMIR ALI
 R/O- UDALIGAON
 P/O- LANKA
 DIST.- NAGAON
ASSAM.

32: ABDUS SUKUR
 S/O- MAHAR UDDIN
 R/O- TINSUKIA
 P/O- JURIA
 DIST.- NAGAON
ASSAM.

33: ASMA KHATUN
 C/O- MD. SAMS UDDIN
                                                    Page No.# 6/12

R/O- JAMUGURI
P/O- ALITANGANI
DIST.- NAGAON
ASSAM.

34: FARIDA AKTAR
 C/O- MD. NUR MAHAMMAD
 R/O- LALANA BARI
 P/O- BATADRABA
 DIST.- NAGAON
ASSAM.

35: ANNA DEVI
 C/O- ATUL KUMAR NATH
 R/O- AKARABORI
 P/O- AKARABORI
 DIST.- NAGAON
ASSAM.

36: SAMSUL HUDA
 S/O- AHMED ALI
 R/O- KATHPARA
 PUBLARIMUKH
 DIST.- NAGAON
ASSAM.

37: TAHER ALI MINTO
 S/O- LT RAJ MAMUD
 R/O- DAKHIN KALADOBA
 P/O- JENGONI
 DIST.- NAGAON
ASSAM

VERSUS

THE STATE OF ASSAM AND 4 ORS
TO BE REPSENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT,
DISPUR, GUWAHATI-6.

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

3:THE DISTRICT COMMISSIONER

DISTRICT- NAGAON
                                                                           Page No.# 7/12

              ASSAM.

              4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEO)

              DISTRICT- NAGAON
              ASSAM.

              5:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO)

              DISTRICT- NAGAON
              ASSAM

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

Advocate for the Respondent : SC, ELEM. EDU, MS. S. KOWAR, (R-3), GA, ASSAM




                                    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 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.

Page No.# 8/12

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 Nagaon 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 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 Page No.# 9/12

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 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 Page No.# 10/12

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.

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, Page No.# 11/12

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 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.

Page No.# 12/12

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