Page No.# 1/6 GAHC010128592025 2025:GAU-AS:11683 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3393/2025 SABITA BHATTACHERJEE W/O- ANIMESH BHATTACHARJEE, R/O- VIGYAN MANDIR ROAD, HAILAKANDI TOWN, LAKSHMISAGAR, WARD NO. 8, P.S. AND DIST- HAILAKANDI, ASSAM, PIN-788152 VERSUS THE STATE OF ASSAM REPRESENTED BY THE SECRETARY, GOVT. OF ASSAM,DEPTT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-06 2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-1 Advocate for the Petitioner : A W BARBHUIYA, MR. A M S MAZUMDER Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29.08.2025 Heard Mr. A. M. S. Mazumder, learned counsel for the petitioner and also heard Ms. P. Das, learned Standing Counsel for the respondent No.1 and 2 in Secondary Education Department. 2. Mr. A. M. S. Mazumder, learned counsel for the petitioner submits that the petitioner is an Assistant Teacher of S.K. Deb High School, Serispore T.E. of Hailakandi district which was upgraded to Higher Secondary School and accordingly, renamed as S.K. Deb Higher Secondary School, Serispore T.E. She was appointed by the School Management Committee (SMC) of said school on 01/01/2005, and she joined on the same day. Subsequently, her appointment was duly approved by the Inspector of Schools, H.D.C., Hailakandi and she has been serving in the said capacity since long. After coming into force of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (Act of 2011, for short), the process of provincialisation of services of teachers of venture educational institution of the state was started. By the new Act of 2011, no special provision was laid down for the schools established as per the earlier set of Act which was recognized up to Class-X by the SEBA and for the teachers who had been appointed in the said schools. As a result, while the government has initiated the process of provincialisation as per the Act of 2011, the services of most of the teachers were left out from provincialisation. Page No.# 3/6 2.1. On the other hand, in the year 2011, the government has decided to classify Class-I to V as Lower Primary and Class-VI to VIII as Upper Primary with immediate effect. As a result of such classification, during provincialisation the 5th posts (Arts) in respect of school consists of 6 classes and the 4th posts (Arts) in respect of school consists of 3 classes were hampered. The petitioner who has been working in the post of additional class in the school recognized up to class-X; her service was left out from the process of provincialisation. 2.2. In the meantime, the Act of 2011 was struck down by this Court as unconstitutional and a new Act namely "Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017" (in short Act of 2017) was enacted and amended in the year 2018. But, even after coming into force of the Act of 2017, no step has been taken for the purpose of provincialisation of the services of drop Teachers. 2.3. The petitioner, along with similarly situated persons has raised the grievance before the respondent authorities through their representatives on many occasions. One such representation was filed on 25.07.2024, to the Secretary, Govt. of Assam, Department of School Education through speed post. But till date the same has not been disposed of. 2.4. Mr. Mazumder also submits that while dealing with another writ petition, being WP(C) No. 3850/2024, filed by similarly situated Teacher, a Co-ordinate Bench of this Court vide order dated 02.08.2024, had directed the petitioner to file a fresh representation Page No.# 4/6 before the respondent No.1, by annexing a copy of the writ petition, along with annexures, appended thereto, with a certified true copy of order; within a period of 15(fifteen) days from that day and thereafter, directed the respondent No.1 to consider and dispose of the same by a speaking order and in accordance with law, after verification of all relevant documents within a period of 2 (two) months from the date of receipt of the said representation. 2.5. Under the given facts and circumstances, Mr. Mazumder has contended to dispose of the present petition by directing the respondent No.1 to dispose of the representation filed by the petitioner, being Annexure – E, dated 25.07.2024, by a speaking order in a time bound manner. 3. Ms. P. Das, the learned standing counsel for the respondent authorities submits that she has no objection in disposing of the present petition by passing a similar order passed by a Co-ordinate Bench of this Court in WP(C) No. 3850/2024. 4. Having heard the submission of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also gone through the order dated 02.08.2024, passed by a Co-ordinate Bench of this Court, in WP(C) No. 3850/2024. 5. It appears that the basic facts in this petition are not in dispute. The petitioner was appointed as Assistant Teacher of S.K. Deb High School, Serispore T.E. of Hailakandi district, which was upgraded to Higher Secondary School and renamed as S.K. Deb Higher Secondary School, Serispore T.E. She has been working in the post of additional class in Page No.# 5/6 the school recognized up to class-X; her service was left out from the process of provincialisation. Even after coming into force of the Act of 2017, no step has been taken for the purpose of provincialisation of the services of drop Teachers like the petitioner. She, along with similarly situated persons has raised the grievance before the respondent authorities through their representatives on many occasions. Last representation was filed on 25/07/2024, to the Secretary, Govt. of Assam, Department of School Education through speed post, but the same failed to evoke any response. 5.1. Similarly situated teachers had filed a writ petition, being WP(C) No. 3850/2024, before this Court and a Co-ordinate bench of this Court, vide order dated 02.08.2024, had directed the petitioner therein, to file a fresh representation before the respondent No.1 by annexing a copy of the writ petition along with annexures, appended thereto, with a certified true copy of order, within a period of 15 (fifteen) days from that day and thereafter, directed the respondent No.1 to consider and dispose of the same by a speaking order and in accordance with law, after verification of all relevant documents within a period of 2 (two) months from the date of receipt of the said representation. 6. Accordingly, this Court is inclined to dispose of this petition by directing the petitioner to a filed a fresh representation before the respondent No. 1, by annexing a copy of the writ petition along with all annexures, appended thereto, with a certified copy of order, within a period of one week from today and on such petition being filed, the respondent No.1 shall consider and dispose of the same by a speaking Page No.# 6/6 order and in accordance with law after verification of all relevant documents within a period of 2 (two) months from the date of receipt of the said representation. 7. The parties have to bear their own costs. J U D G E Comparing Assistant