[Cites 1, Cited by 0]
Gauhati High Court
Ashik Ikbal vs The State Of Assam And 6 Ors on 24 February, 2026
Author: Nelson Sailo
Bench: Nelson Sailo
Page No.# 1/5
GAHC010014452026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/400/2026
ASHIK IKBAL
S/O MD. AZAHAR ALI, R/O VILL. AND P.O. ALOPATI, P.S. ALOPATI CHAR,
DIST. BARPETA, ASSAM, PIN 781308 SERVING AS ASSTT. TEACHER,
KAMARPARA, L.P. SCHOOL AT VILL. KAMARPARA UNDER KARAIKHAITY
C.R.C. OF CHENGA EDUCATION BLOCK, DIST. BARPETA, ASSAM.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE DEPTT. OF
SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI 781006
2:THE SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI 781006
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 781019
4:THE DIST. COMMISSIONER
BARPETA DIST.
AT WARD NO. 5
P.O. AND P.S. BARPETA
ASSAM
PIN 781301
Page No.# 2/5
5:THE DIST. ELEMENTARY EDUCATION OFFICER
BARPETA
P.O. BARPETA
DIST. BARPETA
ASSAM
PIN 781301
6:THE BLOCK ELEMENTARY EDUCATION OFFICER
CHENGA EDUCATION BLOCK
P.O. CHENGA
DIST. BARPETA
ASSAM
PIN 781305
7:THE HEADMISTRESS
KAMARPARA L.P. SCHOOL
VILL. KAMARPARA
P.O. PATHIMARI
(UNDER KARAIKHAITY CRC) OF CHENGA EDUCATION BLOCK
DIST. BARPETA
ASSAM
PIN 78130
Advocate for the Petitioner : MR J ABEDIN, MR. D K AGARWALA,MS B B AHMED,MR Z
HUSSAIN
Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM,SC, FINANCE
Linked Case : WP(C)/897/2026
MD ASHIK IKBAL
S/O MD. AZAHAR ALI
R/O VILL. AND P.O. ALOPATI
P.S. ALOPATI CHAR
DIST. BARPETA
ASSAM
PIN 781308. SERVING AS ASSTT. TEACHER
KAMARPARA L.P. SCHOOL AT VILLAGE KAMARPARA UNDER
KARAIKHAITY C.R.C. OF CHENGA EDUCATION BLOCK
DIST BARPETA
ASSAM.
Page No.# 3/5
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE DEPTT.
OF SCHOOL EDUCATION
ASSAM
DISPUR
GUWAHATI 781006
2:THE SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI- 781006
3:THE DIRECTOR OF ELEMEMTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 781019
4:THE DISTRICT COMMISSIONER
BARPETA DISTRICT
AT WARD NO. 5
P.O AND P.S BARPETA
ASSAM
PIN- 781301
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
BARPETA
P.O BARPETA
DISTRICT- BARPETA
ASSAM
PIN-781301
6:THE BLOCK ELEMENTARY EDUCATION OFFICER
CHENGA EDUCATION BLOCK
P.O- CHENGA
DISTRICT- BARPETA
ASSAM
PIN- 781305
7:THE HEADMISTRESS
Page No.# 4/5
KAMARPARA L.P. SCHOOL
VILL- KAMARPARA
P.O- PATHIMARI (UNDER KARAIKHAITY CRC) OF CHENGA EDUCATION
BLOCK
DISTRICT- BARPETA
ASSAM
PIN- 781308
8:ANIL BORO
A/T KHATIAMARI L.P. SCHOOL
AT VILL- KHATIAMARI
P.O.- PATHIMARI
P.S. ALOPATI CHAR
DISTRICT- BARPETA
ASSAM
PIN- 781308
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Advocate for : MR J ABEDIN
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 7 ORS
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 24-02-2026
The short question involved in this instant writ petition is as to
whether the District Commissioner has the power to transfer teachers of L.P.
Schools within the district, as the Assam Elementary and Secondary School
Teachers' (Regulation of Posting and Transfer) Act, 2020 only provides that
the Deputy Commissioner or District Commissioner can only make such
recommendation for transfer on certain grounds to the competent authority.
Mr. J Abedin, learned counsel for the petitioner submits that the issue has
already been decided by a co-ordinate Bench of this Court, vide order dated
Page No.# 5/5
18.02.2026 passed in WP(C) 343/2026 (Md. Suruj Ali vs. State of Assam & 7
Ors.). He therefore, submits that the impugned order having been passed by
the District Commissioner, the same should be set aside.
Ms. S Chutia, learned Standing Counsel, Elementary Education
Department submits that there is a notification issued by the State Government
by which the District Commissioner is empowered to make transfer and posting.
She submits that she may be given a day's time to produce the said notification.
List the matters again on 25.02.2026 in the motion column.
JUDGE
Comparing Assistant
