Page No.# 1/3 GAHC010097862022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3422/2022 BUKESON BAG S/O- GUBORDHON BAG, R/O- VILL- UPORLANGTHA, P.O. UPORLANGTHA, PS- BORPATHAR, DIST- GOLAGHAT, (ASSAM). VERSUS THE COMMISSIONER AND SECRETEARY AND 8 ORS. DEPARTMENT OF ELEMENTARY EDUCATION, GOVT. OF ASSAM, DISPUR, GHY-06. 2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GHY-19 KAMRUP(M) ASSAM. 3:THE DISTRICT SCRUTINY COMMITTEE JORHAT DISTRICT REPRESENTED BY DEPUTY COMMISSIONER GOLAGHAT DISTRICT. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER GOLAGHAT DISTRICT. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER EAST BLOCK GOLAGHAT. 6:HEAD MASTER SIMANTA SARUPANI M.E. SCHOOL VILL- RATANPUR Page No.# 2/3 P.O.- TELISHAL DIST- GOLAGHAT (ASSAM). 7:NAREN CHANDRA MAHTO TUTOR SIMANTA SARUPANI M.E. SCHOOL VILL- RATANPUR P.O.- TELISHAL DIST- GOLAGHAT (ASSAM). 8:BISTU HASDA TUTOR SIMANTA SARUPANI M.E. SCHOOL VILL- RATANPUR P.O.- TELISHAL DIST- GOLAGHAT (ASSAM). 9:NANDESWAR KURMI TUTOR SIMANTA SARUPANI M.E. SCHOOL VILL- RATANPUR P.O.- TELISHAL DIST- GOLAGHAT (ASSAM). 10:THE MISSION DIRECTOR SARBA SIKSHA ABHIYAN AXOM KAHILIPARA GUWAHATI-19 Advocate for the Petitioner : MR. B K DAS, M N KHAN Advocate for the Respondent : SC, ELEM. EDU, MR P NAYAK(R- 10),MR. P. H. PHUKAN (R- 7),MS. N PHUKAN, SC, ELEMENTARY EDUCATION DEPTT.,MR. J M GOGOI (R-8,9),MR. B D GOSWAMI (R-8,9),MR. D GOGOI (R-7),MR S BORTHAKUR(R-7),GA, ASSAM Page No.# 3/3 BEFORE HON’BLE MRS. JUSTICE SHAMIMA JAHAN 22.05.2026 Heard Mr P Medhi, learned counsel appearing for the petitioner and Mr P K Barman, learned Standing Counsel appearing for the Elementary Education Department. Also heard Mr J M Gogoi, learned counsel for the private respondent Nos. 8 and 9. 2. In compliance with the earlier order dated 29.04.2026, Mr P K Bora, learned Standing Counsel has placed an instructions, by which it is stated that the services of the petitioner cannot be provincialized in place of respondent No. 7, who had resigned from the said post of Language Teacher, due to the fact that the respondent No. 7 who had resigned, was holding the post in his personal capacity, the post which gets abolished once a person resigns. 3. The learned counsel for the petitioner, however, submits that they may be allowed some time to go through the said instructions. 4. Prayer is allowed. 5. List this matter on 1st of June, 2026. JUDGE Comparing Assistant