Page No.# 1/4 GAHC010083592025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2139/2025 ALOK CHANDRA BARMAN S/O- LATE NILCHANDRA BARMAN, R/O- VILL.- KHERBARI PART II, P.O.- KHERBARI, DIST- DHUBRI, ASSAM, PIN- 783335, (WORKING AS GRADE IV EMPLOYEE IN THE SCHOOL POF KHERBARI HIGH SCHOOL). VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GHY- 6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS DHUBRI DISTRICT CIRCLE DHUBRI ASSAM 4:THE HEAD MASTER KHERBARI HIGH SCHOOL DIST. DHUBRI ASSAM PIN- 783355 Advocate for the Petitioner : MRS. K DEVI, MS S A KHALIFA Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 24.04.2025 Heard Mrs. K. Devi, learned counsel for the petitioner and Mr. U. Sarma, learned standing counsel for the Secondary Education Department. 2. Extraordinary jurisdiction, under Article 226 of the Constitution of India, is sought to be invoked by the present petitioner for issuing direction to the respondent authorities to regularize/adjust his service in the Kherbari High School, Dhubri. 3. Mrs. Devi, learned counsel for the petitioner submits that on 14.11.1993, the School Managing Committee of Kherbari High School appointed the petitioner as Grade – IV employee and thereafter, he continued to serve in the said capacity. Thereafter, the said school was provincialized by the respondent authorities and the services of teaching/non-teaching staffs were regularized. But, the petitioner was left out, though his service was approved provisionally, vide letter dated 07.09.1996, under Memo No. GIA/DMC/67/87/1616, under the signature of the Inspector of Schools DDC and he had also received financial assistance from time to time, along with similarly situated teaching and non- teaching staffs. 3.1. Mrs. Devi has pointed out that Kherbari High School was provincialized on 30.08.2013, vide Order No. PC/Sec/114/2013/28 with Memo No. PC/Sec/114/2013/28-A in which the services of the teaching and non-teaching staffs have been provincialized, w.e.f. 01.01.2013, against the allotted posts created vide Govt. letter No. ASE.86/2013/Pt-II/292, where the name of the present petitioner was dropped because he was second Grade – IV employee of Page No.# 3/4 the said school. 3.2. Mrs. Devi further submits that vide letter dated 28.05.2019, the respondent No. 2 has requested the respondent No. 3 was requested to send the particulars and minutes of the meeting of District Scrutiny committee (DSC hereinafter)/application etc. of left out non-teaching staffs of the said school which were provincialized during the year 2013 – 2014. 3.3. Mrs. Devi further submits that similarly situated staffs had filed one writ petition, being W.P.(C) No. 5711/2024, wherein a Coordinate Bench of this Court, after hearing learned counsel for both the parties and considering the materials placed on record, disposed of the said writ petition by directing the Inspector of Schools of Dhubri to place the case of the petitioner of W.P.(C) No. 5711/2024 before the DSC of Dhubri after verifying all the documents for consideration by the DSC. Therefore, it is contended that the present writ petition can also be disposed of by directing the respondent authorities to place the case of the petitioner before the DSC of Dhubri. 4. On the other hand, Mr. Sarma, learned standing counsel for the Secondary Education Department submits that he has no objection in the event of disposing of this petition by directing the respondent No. 3 to place the case of the petitioner before the DSC of Dhubri after verifying all the documents. 5. Having heard the submissions of learned counsel for both the petitioners, I have carefully gone through the petition as well as the documents placed on record and also perused the order passed by a Coordinate Bench of this Court, dated 08.11.2024, in W.P.(C) No. 5711/2024. 6. It is to be noted here that while dealing with a case of similarly situated person, a Coordinate Bench of this Court, in the order dated 08.11.2024, passed Page No.# 4/4 in W.P.(C) No. 5711/2024, in paragraph Nos. 6 & 7, observed as under:- "6. After hearing the learned counsel for the parties and taking into consideration the materials available on record, this writ petition is disposed of directing the Inspector of Schools, Dhubri to place the case of the petitioner before the District Scrutiny Committee, Dhubri after verifying all documents for consideration by the concerned District Scrutiny Committee. 7. Let such steps be taken and completed within a period of two months from the date of receipt of a copy of this order." 7. Thus, taking note of the submissions advanced by the learned counsel for both the parties and further considering the facts and circumstances on the record, this court is inclined to dispose of this petition by directing the respondent No. 3, Inspector of Schools of Dhubri to place the case of the petitioner before the DSC of Dhubri, after verifying all the documents for consideration of his case by the DSC and thereafter, the DSC shall consider the case of the petitioner in accordance with law. 8. The above mentioned exercise has to be carried out within a period of 2 (two) months from the date of receipt of the certified copy of this order. 9. The petitioner shall obtain a certified copy of this order and place the same before the respondent No. 3, within a period of 1 (one) weeks from today. The parties have to bear their own costs. JUDGE Comparing Assistant