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2025 DAILYLAW 10272 (GAU)

KABIN SAHARIAH AND ORS v. THE STATE OF ASSAM AND ORS

WP(C)/1879/2025 · 2025-04-08

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010070972025 2025:GAU-AS:4406 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1879/2025 KABIN SAHARIAH AND ORS SON OF JANARAM SAHARIAH, RESIDENT OF VILLAGE RAMGAON, POST OFFICE BURHINAGAR, POLICE STATION SIPAJHAR, DISTRICT DARRANG, ASSAM PIN 784147 2: SRI KSHIRADA HAZARIKA SON OF SRI MAHENDRA HAZARIKA RESIDENT OF VILL. -KHASDIPILA P.O. -DIPILA P.S. -SIPAJHAR DARRANG ASSAM PIN -784144 3: SRI RAMESH CH SAIKIA SON OF SRI GOLOK CH. SAIKIA RESIDENT OF VILL. -NIRANCHUBA P.O. -PATHARIGHAT P.S. -SIPAJHAR DIST. -DARRANG ASSAM PIN -784144 4: SMT BABITA HAZARIKA DAUGHTER OF SRI SARAT CH HAZARIKA RESIDENT OF VILL. -BARANGABARI P.O. - DIGHIRPAR P.S. -SIPAJHAR DIST. -DARRANG ASSAM PIN -784144 5: SRI BHUPEN RAJBONGSHI SON OF SRI PHANIDHAR DEKA RESIDENT OF VILL. -KAIKARA P.O. - PATIDARRANG P.S. -SIPAJHAR Page No.# 2/4 DIST. -DARRANG ASSAM PIN -784147 6: SRI SIMANTA KUMAR DEKA SON OF SRI GOLAP DEKA RESIDENT OF VILL. -BARIGAON P.O. -BARIGAON 2 P.S. -SIPAJHAR DIST. -DARRANG ASSAM PIN -784147 7: SMT HEMALATA DEVI DAUGHTER OF SRI MAHESWAR SARMA RESIDENT OF VILL. -DEOMORNOI P.O. - DEOMORNOI P.S. -SIPAJHAR DIST. -DARRANG ASSAM PIN -78414 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI, KAMRUP (M), ASSAM PIN -781004 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI ASSAM PIN 781004 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI KAMRUP (M) ASSAM PIN- 78101 Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate), MR. K M MAHANTA,MR S GAUTAM Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 09.04.2025 Heard Mr. K. K. Mahanta, learned senior counsel, assisted by Mr. S. Gautam, learned counsel for the petitioners. Also heard Ms. P. Das, learned Standing Counsel for the Secondary Education Department and Ms. R.M. Baruah, learned counsel for the respondent No. 2. 2. The petitioners’ case is that they were appointed as Post Graduate Teachers/Lecturers in various subjects in Deomornoi Senior Secondary School located at Darrang district. Despite being similarly situated with other junior colleges, who had been brought under the deficit system of grants-in-aid, the petitioners college have been left out from being brought under the deficit system of grants-in-aid. The petitioners’ have also prayed that their representation dated 28.09.2023 should be considered and decided by the authorities, for provincialization of their services, w.e.f. 01.02.2001, as similar persons in other Junior Colleges have also been provincialized. 3. The petitioner’s counsel submits that the present writ petition can be disposed of, if a direction is issued to the Director of Secondary Education, Assam, to take a decision on the petitioners’ representation dated 28.09.2023, within a specified time. 4. Ms. P. Das, learned counsel for the Secondary Education Department submits that she has got no objection to the prayer made by the petitioners’ counsel. She however submits that the petitioners have been provincialized as Page No.# 4/4 Teachers and Tutors, as per order No. PC/Sec/Prov.(Dropped-3rd phase)/62/2021/4 dated 04.02.2021, issued by the Director of Secondary Education, Assam. 5. In view of the consent of the parties, this writ petition is disposed of, with a direction to the Secretary to the Government of Assam, School Education Department to take a decision on the petitioners’ representation dated 28.09.2023, within a period of three months from the date of receipt of a certified copy of this order. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant