Page No.# 1/7 GAHC010069192025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2067/2025 MD ANOWARUL ISLAM AND 11 ORS S/O- BOKTAR ALI AKUNAL, R/O- VILL- TELIPARA, P.O- MANKACHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM 2: ROBIOL HOQUE S/O LT. ABDUL HAMID MIAH R/O VILL- DAKERGAON P.O.- MANKACHAR DIST- SOUTH SALMARA MANKACHAR ASSAM 3: MERINA BEGUM D/O MAMINUL HOQUE R/O COLLEGE NAGAR P.O.- MANKACHAR DIST- SOUTH SALMARA MANKACHAR ASSAM 4: JAHANGIR HUSSAIN S/O SHAH ALOM ALI SK R/O VILL- CHARKHOLISHA MARI P.O.- HAZARIHAT DIST- SOUTH SALMARA MANKACHAR ASSAM 5: SOHID ALOM S/ OMD. ALIM UDDIN R/O VILL- CHIRA KHOWA KUTIRGHAT P.O.- KALAPANI DIST- SOUTH SALMARA MANKACHAR ASSAM Page No.# 2/7 6: HOBIBOR RAHMAN MOLLAH S/O MD. ABDUL KUDDUS MOLLAH VILL- CHIRA KHOWA KUTIRGHAT P.O.- KALAPANI DIST- SOUTH SALMARA MANKACHAR ASSAM 7: MEHER ALI SHEIKH S/O SHAHA ZAMAL SK. R/O VILL- BORO BAGHAJHAPA P.O.- HAZIRHAT DIST- SOUTH SALMARA MANKACHAR ASSAM 8: NAZIMA SULTANA CHOUDHURY W/O LT. CHAND MIAH R/O VILL- BEPARI PARA MANKACHAR P.O.- MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSAM 9: ATOWAR RAHMAN S/O AKBAR ALI R/O VILL- BORO BALUBAGHMARA P.O.- SUKCHAR DIST- SOUTH SALMARA MANKACHAR ASSAM 10: MD. SAIFUL ISLAM S/O KHATAM ALI R/O VILL- KESHERVITA P.O.- JHAWDANGA DIST- SOUTH SALMARA MANKACHAR ASSAM 11: NURUDDIN AHMED S/O ABDUL GOFUR AHMED R/O VILL- BAMUNPARA P.O.- MANULLAPAR DIST- SOUTH SALMARA MANKACHAR ASSAM Page No.# 3/7 12: FULBOR HUSSAIN S/O ABDUS SOBUR R/O VILL- BAMUNPARA P.O.- MANULLAPAR DIST- SOUTH SALMARA MANKACHAR ASSA VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI- 781006 2:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT GOVT. OF ASSAM DISPUR GHY-06 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-781019 4:THE STATE SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN CUM DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 5:THE DISTRICT SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN CUM DISTRICT COMMISSIONER SOUTH SALMARA MANKACHAR ASSAM HATSINGIMARI PIN-783135 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER SOUTH SALMARA MANKACHAR AT HATSINGIMARI Page No.# 4/7 PIN-78313 Advocate for the Petitioner : MR. M KHAN, MS J AKTAR,MR. RASHIDUL ISLAM,MR A K DAS Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 23.04.2025 Heard Mr. M. Khan, learned counsel for the petitioners, Mr. P.K. Borah, learned standing counsel for the respondent Nos. 1, 2 & 3; and Ms. S. Konwar, learned standing counsel for the respondent Nos. 4 & 5. 2. The grievance, being sought to be addressed in this petition, under Article 226 of the Constitution of India, is that the petitioners, altogether 12 in numbers, are serving as Hindi (Language) teachers in their respective schools, since the date of their joining, as shown in the table below:- Sl. No. Name of the petitioners Name of the School Date of Joining 1 Anowarul Islam Telipara M.E. Madrassa 10.01.2005 2 Robiol Hoque Dakergaon M.E. School 25.02.1999 3 Merina Begum College Nagar M.E. Madrassa 03.03.2007 4 Jahangir Hussani Char Kholishamari M.E. Madrassa 01.08.1986 5 Sohid Alom Kutirghat Naba Millan M.E. 16.01.1997 Page No.# 5/7 Madrassa 6 Hobibor Rahman Mollah Kutirghat Naba Millan M.E. Madrassa 22.11.2006 7 Meher Ali Sheikh Boro Baghjapa M.E. Madrassa 01.05.1995 8 Nazima Sultana Choudhury D.K. Memorial M.E. School 18.04.2001 9 Atowar Rahman Borbalu Baghmara M.E. Madrassa 31.10.1993 10 Md. Saiful Islam Kehsarvita M.E. Madrassa 03.01.2000 11 Nuruddin Ahmed Dayarchar M.E. Madrassa 30.12.1992 12 Fulbor Hussain Jonaki Madrassa M.E. School 15.12.1991 2.1. Thereafter, the Government of Assam had enacted the Assam Education (Provincialization of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017 for provincialisation of service of the teachers. Thereafter, the head of their respective institutions had submitted proposal, before the District Level Scrutiny Committee (DLSC herein after), for provincialisation of their services. However, as per provision of Section 3(1)(xi) of the said Act, there shall be minimum three teachers/tutors for the subject (i) one for Science and Mathematics (ii) one for Social Studies and (iii) One Language Teacher. 2.2. The DLSC, however, had recommended only three teachers including one language teacher (Assamese) and dropped the post of Hindi language teacher. Accordingly, the aforesaid three posts have been provincialised on 05.02.2021, w.e.f. 01.01.2021. The posts of Hindi language teachers were ignored. Being aggrieved, the petitioners have preferred this present petition, praying for issuing Page No.# 6/7 direction to the respondent authorities for provincialization of their services as Hindi language teacher in their respective schools. 3. Mr. Khan, learned counsel for the petitioners submits that seeking similar relief, some of the Hindi language teachers had preferred one writ petition, being W.P.(C) No. 3597/2021, for regularization of their services. And the said writ petition was disposed of by a coordinate bench of this court, vide order dated 17.03.2025, by directing the petitioners to submit their individual applications before the appropriate authority and further directed the authorities to consider such application being filed by the petitioners. Mr. Khan further submits that the present petitioners are also similarly situated with the petitioners in W.P.(C) No. 3597/2021 and therefore, this writ petition may be disposed of by granting similar relief to them. 4. On the other hand, Mr. Borah and Ms. Konwar, learned standing counsel for the respondent authorities submits that they have no objection in the event of issuing such direction to the respondent authorities to verify and consider the applications, being filed by the present petitioners, like the petitioners in the case of W.P.(C) No. 3597/2021. 5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the judgment and order, dated 17.03.2025, passed by a coordinate bench of this court in W.P.(C) No. 3597/2021. 6. It appears that the Writ Petition No. 3597/2021 was disposed of with following direction:- “22. The petitioners are directed to file their individual representation before the appropriate authority within a period of 20 (twenty) days from today. On receipt of the representation that may be Page No.# 7/7 filed by the petitioners as directed herein above, the respondent authorities shall consider the case of the petitioners individually within a period of 4 (four) months thereafter.” 7. Taking note of the aforementioned direction and also, as agreed upon by the learned counsel for both the parties, this court is inclined to dispose of this petition by directing the petitioners to file their individual representation before the appropriate authority within a period of 20 (twenty) days from today and such a representation being filed by the petitioners, the respondent authorities shall consider the individual case of the petitioners within a period of 4 (four) months. 8. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant