Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 7 Ors on 27 October, 2025
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/4
GAHC010065492024
2025:GAU-AS:14265
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1955/2024
JAI SINGH CHAUHAN
S/O- LATE TIKEN CHAUHAN,
VILLAGE- BELBARI, P.O.- MAILOO,
DISTRICT- KARBI ANGLONG, ASSAM,
PIN CODE- 782446
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY,
EDUCATION DEPARTMENT, DISPUR,
GUWAHATI- 781006.
2:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GUWAHATI- 781019.
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
DIPHU AT DIPHU
KARBI ANGLONG.
4:THE INSPECTOR OF SCHOOLS
HAMREN AT HAMREN
KARBI ANGLONG.
5:THE DEPUTY INSPECTOR OF SCHOOLS
HAMREN AT HAMREN
KARBI ANGLONG.
6:THE KARBI ANGLONG AUTONOMOUS COUNCIL
REPRESENTED BY THE PRINCIPAL SECRETARY
KAAC
DIPHU KARBI ANGLONG
Page No.# 2/4
7:THE PRINCIPAL SECRETARY
KARBI ANGLONG AUTONOMOUS COUNCIL
DIPHU AT DIPHU.
8:SUSHIL NAMASUDRA
S/O- JAY GOBINDA NAMASUDRA
R/O- VILLAGE- 2 NO. RISEN
P/O- MAILOO
P/S- KHERONI
DISTRICT- KARBI ANGLONG
PIN CODE- 782448
Advocate for the Petitioner : MR A R BHUYAN, MR N Z CHOUDHURY,MR F HAQUE
Advocate for the Respondent : SC, ELEM. EDU, SC, K A A C
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 27.10.2025
Heard Mr. A. R. Bhuyan, learned counsel for the petitioner. Also heard Ms.
S. Kemprai, learned Standing Counsel, KAAC for the respondent Nos. 3, 4, 5, 6
& 7 and Mr. A. Phukan, learned Standing Counsel, Elementary Education
Department, for the respondent Nos. 1 & 2. None appears for the respondent
No. 8, despite notice.
[2.] Having regard to the nature of the case projected by the petitioner, the
writ petition is taken up for disposal at this stage.
[3.] It may be seen that the respondent No. 8 had earlier approached this
Court by filing WP(C) No. 3596 of 2013 seeking provincialisation of his service
as an Assistant Teacher in Raisen M.E. School, Karbi Anglong. The writ petition
was disposed of by vide Judgment dated 10.04.2018 by relegating the petitioner
therein to approach the Educational Tribunal, Karbi Anglong with his grievance
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within a period of two (2) months from the date of the judgment. It was further
provided that until such time, the Educational Tribunal decides the matter, the
interim order passed on 28.06.2013 staying the benefit of provincialisation in
respect of the present petitioner, who was arrayed as respondent No. 7 in that
case would be stayed.
[4.] After the writ petition was disposed of in the above manner, since no
further development having taken place, the instant writ petitioner has
approached this Court seeking implementation of the benefit of provincialisation
of his service that was granted to him vide Communication dated 26.03.2013,
where his name appeared at Serial No. 23 against his School, namely, Raisen
M.E. School.
[5.] Mr. A. R. Bhuyan, learned counsel for the petitioner submits that despite
the liberty granted to the respondent No. 8, it only appears that he has not
approached the Educational Tribunal till date. In fact, a letter had been written
by the Joint Secretary to the Government of Assam, Elementary Education
Department to the District Judge-cum-Educational Tribunal, Karbi Anglong on
05.04.2021 requesting to him to intimate as to whether a final decision has
been arrived at in the matter so that the benefit of provincialisation can be
given to the party concerned. He submits that no reply has come back from the
said authority and in fact the respondent No. 4 in the affidavit-in-opposition filed
on 18.06.2024 at Paragraph No. 7 has clearly stated that the District & Sessions
Judge, Karbi Anglong, Diphu had written to the Registrar Judicial of this Court
stating that no suit is pending before the Educational Tribunal. It is however
seen that the said Communication is dated 24.03.2022 and it has the following
reference "Reference: No.8C.XXII/527/Wp; dated 21.03.2022".
[6.] A perusal of the above reference goes to show that reference is of the
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year 2022, whereas, the instant writ petition has been filed in the year 2024.
Further, no case number has been mentioned in the reference and therefore it is
not clear as to whether the letter is in respect of the present writ petition or not.
[7.] Be that as it may, since the respondent No. 8 has not appeared before the
Court despite notice, the instant writ petition cannot be kept pending for
indefinitely when some benefit has been granted in favour of the instant writ
petitioner. Accordingly, the writ petition is disposed of by directing the
respondent authorities to give the petitioner the benefit of provincialisation of
his service in terms of the Communication dated 26.03.2013 (Annexure - 8)
after verification and getting a clearance from the District & Sessions Judge-
cum-Educational Tribunal, Karbi Anglong that no case has been filed till date by
Sri. Sushil Namasudra son of Jay Gobinda Namasudra (respondent No. 8). It is
also provided herein that in the event, the said person has filed a case before
the Educational Tribunal, the writ petitioner shall be informed about the details
of the case, so that he may contest the case in accordance with law. The entire
exercise as directed hereinabove shall be completed as expeditiously as possible
and at any rate within the outer limit of three (3) months from the date of
receipt of a certified copy of this Order.
[8.] With the above observations and directions, the writ petition stands
disposed of.
JUDGE
Comparing Assistant
