[Cites 3, Cited by 0]
Gauhati High Court
Jaganath Doley vs The State Of Assam And 4 Ors on 16 February, 2026
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GAHC010279462025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/301/2026
JAGANATH DOLEY
S/O- LATE ARUP KUMAR DOLEY, RESIDENT OF VILL.- NAYA BAZAR, P.O.
MIRIPAM, DIST. MAJULI, ASSAM, PIN- 785105.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-
06.
2:THE DIRECTOR OF SECONDARY EDUCATION
KAHILIPARA
GUWAHATI-19
DIST. KAMRUP METRO
ASSAM
3:THE INSPECTOR OF SCHOOLS
LAKHIMPUR DISTRICT CIRCLE
NORTH LAKHIMPUR
PIN- 787001.
4:THE DISTRICT COMMISSIONER
LAKHIMPUR
NORTH LAKHIMPUR
PIN- 787001.
5:JOINT COMMITTEE
CONSTITUTED FOR PROVINCIALISATION OF SERVICES UNDER THE
PROVISIONS OF THE ASSAM EDUCATION (PROVINCIALISATION OF
SERVICES OF TEACHERS AND RE-ORGANISATION OF EDUCATIONAL
INSTITUTIONS) ACT
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2017 HELD ON 25-09-2025
REPRESENTED BY ITS CHAIRMAN
Advocate for the Petitioner : MR. P MAHANTA, MS. P SAHARIA,C SARMA
Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU.
Linked Case : WP(C)/351/2026
DIMBA HAZARIKA
S/O- LATE PHANIDHAR HAZARIKA
RESIDENT OF VILLAGE RAIDONGIA
P.O.- RAIDONGIA
DISTRICT- LAKHIMPUR
ASSAM
PIN - 784164
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
DEPARTMENT OF SCHOOL EDUCATION
DISPUR
AND GUWAHATI 06.
2:THE DIRECTOR OF SECONDARY EDUCATION
KAHILIPARA
GUWAHATI-19
DISTRICT- KAMRUP (M)
ASSAM
3:THE INSPECTOR OF SCHOOLS
LAKHIMPUR
NORTH LAKHIMPUR
ASSAM
PIN-787001.
4:THE DISTRICT COMMISSIONER
LAKHIMPUR
NORTH LAKHIMPUR
ASSAM
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PIN- 787001
5:JOINT COMMITTEE CONSTITUTED
FOR PROVINCIALISATION OF SERVICES UNDER THE PROVISIONS OF THE
ASSAM EDUCATION (PROVINCIALISATION OF SERVICES OF TEACHERS
AND RE-ORGANISATION OF EDUCATIONAL INSTITUTIONS) ACT
2017 HELD ON 25/9/2025 REPRESENTED BY ITS CHAIRMAN
------------
Advocate for : MR. P MAHANTA
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 16-02-2026
Heard Mr. P. Mahanta, learned counsel for the writ petitioner. Also heard Mr. B.
Kaushik, learned standing counsel, Secondary Education, Assam.
In terms of the order dated 30-01-2026 passed by this Court in the above noted
writ petitions, Mr. Kaushik, learned standing counsel, Secondary Education, Assam has
submitted that the Joint Committee was constituted for carrying out the consideration as
mandated to be so carried out by the Government in terms of the provisions of the Assam
Education (Provincialisation of Service of Teachers and Re-organisation of Educational
Institutions) Act, 2017 (in short "the Act of 2017"). He submits that the said Committee
was constituted for examining the decisions of the State Level Scrutiny Committee (SLSC)
with regard to the provincialisation of the teachers involved.
The provisions of Section 13(7) of the Act of 2017 mandates that the
recommendation with regard to the provincialisation of services of a Venture School
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teachers on being considered by the District Level Scrutiny Committee (DLSC) shall be
placed before the SLSC, as constituted in the matter, under the provisions of Sub-Section
(10) of Section 13 of the Act of 2017. The SLSC on further scrutiny being made including
the exercise of the powers conferred upon it under Sub-Section (11) of Section 13 of the
Act of 2017, shall make its recommendation in the matter, which shall be forwarded to the
concerned department of the State Government for consideration and for issuing
notification in respect of the eligible institutions and teachers eligible for provincialisation
of their services. The consideration as mandated by the Government under Sub-Section
(7) of Section 13 of the Act of 2017 is a consideration with regard to the
recommendations made in the matter by the SLSC. The said recommendations, on such
consideration, if found to be not in connosance with the provisions of the Act of 2017,
there is no bar for having the same reconsidered strictly in accordance with the provisions
of the Act of 2017. However, in the event, the recommendation made by the SLSC is
found to be not in accordance with the provisions of the Act of 2017, reasons highlighting
the inconsistencies found, with regard to such recommendation, is mandated to be
recorded by the competent authority. This Court finds that once the recommendations of
the SLSC is received, it is placed before a body known as "Joint Committee for
Provincialisation of Services under the Act of 2017" and the same is headed by the
Chairman of the ASSEB. Such Committee is not found to be so spelt out in the provisions
of the Act of 2017. The consideration involved under the statute being one required to be
made by the Government, it is not understood how the same is delegated to a Committee
not envisaged in the statute.
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Accordingly, this Court is of the tentative opinion that the contentions made by Mr.
B. Kaushik, learned standing counsel, Secondary Education, Assam with regard to the
considerations made by the said Joint Committee would not mandate an acceptance by
this Court.
Mr. Kaushik, on the next date of listing, shall place before this Court the reasons
recorded by the competent authority upon consideration of the recommendations made
by the SLSC in respect of the petitioners in the above noted writ petitions, i.e. the reasons
requiring the same to be placed before the said Joint Committee. Mr. Kaushik shall also
apprise this Court about the validity of constitution of such Joint Committee when the
provisions of the Act of 2017, which in the considered view of this Court is a self-
contained one, does not envisage constitution of any such "Joint Committee".
At this stage, this Court also finds that the respondent authorities after receipt of
the recommendations by the said Joint Committee proceeds to implement the same
without, however, clarifying as to why the recommendations made by the SLSC, "a body
setup under the provisions of the Act of 2017", would not mandate an acceptance.
The above tentative view reached by this Court would be further considered upon
hearing Mr. Kaushik, learned standing counsel, Secondary Education, Assam, on the next
date of listing.
Registry to list this matter again on 19-02-2026.
JUDGE
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Comparing Assistant
