Page No.# 1/3 GAHC010070172026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1984/2026 MD BAHARUL ISLAM S/O NUR UDDIN, PRESENTLY BEEO LANKA, HOJAI, R/O VILLAGE AND PO SAIDPUR PART V, CACHAR, ASSAM, PIN- 788013 VERSUS STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY, TO THE GOVT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GHY, ASSAM, PIN 781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN 781019 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER HOJAI ASSA Advocate for the Petitioner : MR. B PURKAYASTHA, MR. J P BARUAH Advocate for the Respondent : SC, ELEM. EDU, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 06.04.2026 Heard Mr. B. Purkayastha, learned counsel for the petitioner, who submits that the petitioner is aggrieved with the Notification dated 15.03.2026, insofar as he is concerned, wherein, he has been transferred from Lanka Educational Block in Hojai district to North Sribhumi Educational Block, Sribhumi district in the same capacity w.e.f the date of taking over charge until further orders. [2.] The learned counsel for the petitioner submits that the petitioner is working as a Block Elementary Education Officer and he has been serving only for about 14(fourteen) months in the Lanka Educational Block and he could not have been transferred through impugned Notification. The learned counsel submits that the respondent authorities purportedly have transferred him by applying the provision of Clause-3 of the guidelines of the Election Commission of India circulated vide Communication dated 09.02.2026 (Annexure-3A) in view of the ensuing legislative assembly election. [3.] Referring to Clause-3 of the said guidelines, the learned counsel submits that the petitioner has not completed three years in the present place of posting as on 31.05.2026 and is also not posted in his home district. Therefore, there is no rationale behind he being posted to Sribhumi district in North Sribhumi Educational Block. The learned counsel also submits that the petitioner as on today is still serving in Lanka Educational Block in Hojai district and that he has submitted a representation before the Secretary to the Govt. of Assam, Department of School Education on 17.03.2026 (Annexure-5) which has not been considered and disposed of till date. Page No.# 3/3 [4.] Considering the above projection and the materials available on record, more particularly, the representation submitted by the petitioner before the Secretary to the Govt. of Assam, Department of School Education on 17.03.2026, the writ petition is disposed of by directing the said authority (respondent No.1) to consider and dispose of the representation dated 17.03.2026 by taking note of the guidelines of the Election Commission of India and the tenure held by the petitioner in Lanka Educational Block, Hojai district within a period of 15 (fifteen) days from today. [5.] Till the disposal of the representation, status-quo as on today shall be maintained. [6.] Petitioner shall also furnish a copy of the writ petition to the respondent No.1 along with certified copy of the order for consideration. [7.] With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant