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2025 DAILYLAW 15095 (GAU)

SWAPAN KR NATH AND 9 ORS v. THE STATE OF ASSAM AND 6 ORS

WP(C)/3761/2023 · 2025-02-18

Robin Phukan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010140792023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3761/2023 SWAPAN KR NATH AND 9 ORS SON OF NRIPENDRA CH. NATH, RESIDENT OF VILLAGE- RAJNAGAR, POST OFFICE- PURBA HARINAGAR, DISTRICT- KARIMGANJ, ASSAM, PIN- 788734, SUBJECT TEACHER OF ENGLISH. 2: MD. ABUL HUSSAIN BARBHUIYA SON OF ABDUL KADIR BARBHUIYA RESIDENT OF VILLAGE- KANCHAHPUR PART-2 POST OFFICE- KANCHAHPUR DISTRICT- HAILAKANDI ASSAM PIN- 788152 SUBJECT TEACHER OF POLITICAL SCIENCE. 3: RAJU PURKAYASTHA SON OF MONINDRA PURKAYASTHA RESIDENT OF VILLAGE- SRIPUR PART-1 POST OFFICE- FULBARI DISTRICT- CACHAR ASSAM PIN- 788802 SUBJECT TEACHER OF LOGIC AND PHILOSOPHY. Page No.# 2/6 4: DEBJANI DAS DAUGHTER OF NIKHIL RANJAN DAS RESIDENT OF VILLAGE- CHANDMARI ROAD (DHANANJOY VILLA) TARAPUR POST OFFICE- SILCHAR DISTRICT- CACHAR ASSAM PIN- 788003 SUBJECT TEACHER OF ADVANCED BENGALI. 5: JAHIDA SULTANA DAUGHTER OF AFTAB UDDIN BARBHUIYA RESIDENT OF VILLAGE- VICHINGCHA PART-1 POST OFFICE- VICHINGCHA P.S.- HAILAKANDI DIST- HAILAKANDI ASSAM PIN- 788152 SUBJECT TEACHER OF ECONOMICS. 6: MD. SAYEED HUSSAIN LASKAR SON OF ABDUL SAMAD LASKAR RESIDENT OF VILLAGE- DAKHIN JOSNABAD PART-II POST OFFICE- TANTOO P.S.- LALA DIST.- HAILAKANDI ASSAM PIN- 788163 SUBJECT TEACHER OF HISTORY. 7: MARZIYA BEGUM DAUGHTER OF PHAZAL ALI AHMED Page No.# 3/6 RESIDENT OF VILLAGE- HAILAKANDI TOWN WARD NO. 1 (A) POST OFFICE- VICHINGCHA DISTRICT- HAILAKANDI ASSAM PIN- 788151. SUBJECT TEACHER OF PERSIAN. 8: MD. DILWAR HUSSAIN LASKAR SON OF AZIR UDDIN LASKAR RESIDENT OF VILLAGE- KAPNARPAR POST OFFICE- KALIBARI BAZAR DISTRICT- HAILAKANDI ASSAM PIN- 788150 SUBJECT TEACHER OF BENGALI. 9: SUPARNA BHADRA DAUGHTER OF NARAYAN BHADRA RESIDENT OF VILLAGE- KALINAGAR PART-III P.O.- KALINAGAR PART-III DISTRICT- HAILAKANDI ASSAM PIN- 788801. L.D.A. ASSISTANT. 10: NARAYAN DHAR SON OF GOURANGA DHAR RESIDENT OF KALINAGAR PART-III P.O.- KALINAGAR DISTRICT- HAILAKANDI ASSAM Page No.# 4/6 PIN - 788801 GRADE-IV VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE SPECIAL COMMISSIONER SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06. 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM EDUCATION DEPARTMENT (SECONDARY) DISPUR GUWAHATI-06. 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI 788151. 6:THE INSPECTOR OF SCHOOL HAILAKANDI 788151. 7:THE IN-CHARGE HEAD MASTER OF MONACHERRA DIST- HAILAKANDI 788164 Advocate for the Petitioner : MRS A BUJARBARUAH, MS N DAS Advocate for the Respondent : SC, SEC. EDU., SC, ELEM. EDU Page No.# 5/6 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 19.02.2025 Heard Mrs. A. Bujarbaruah, learned counsel for the petitioners and also heard Ms. P. Das, learned standing counsel, Secondary Education Department, appearing for the respondent authorities. 2. This writ petition is preferred by 10(ten) petitioners for issuing direction to the respondent authorities, more particularly the respondent No.4 to forward the particulars of the petitioners to the District Scrutiny Committee, Hailakandi, for provincialisation of the H.S. Section of the school and to consider for provincialisation/regularisation of the services of the petitioners who have been working since 2001 in Monacherra Higher Secondary School, which was accorded approval for upgradation from Secondary School to Higher Secondary School on 15.07.2022 by the Government of Assam, Education Department. 3. Mrs. Bujarbaruah, learned counsel counsel for the petitioners submits that the petitioners herein have preferred an appeal before the Secretary to the Govt. of Assam, School Education Department, on 15.02.2023 and the same has not yet been disposed of by the Secretary to the Govt. of Assam, School Education Department/respondent No.3 and this writ petition may be disposed of by directing the respondent No.3 to dispose of the aforementioned writ petition in a time bound manner. 4. On the other hand, Ms. Das, learned standing counsel for the Secondary Education Department, on instruction submits that no representation is pending before the respondent No.3. However, the same is pending with the Commissioner & Secretary to the Govt. of Assam, Secondary Education Department, Dispur, Assam, respondent No.1 and as such, the respondent No.1 may be directed to dispose of the representation of the petitioners giving a reasonable time. Page No.# 6/6 5. Having heard the submission of learned Advocates of both the parties and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by directing the respondent No.1 to dispose of the representation by a speaking order within a period of 1(one) month from the date of receipt of certified copy of this order. 6. The petitioners shall obtain a certified copy of this order and place the same before the respondent No.1 within a period of 1(one) week from today. 7. In terms of above, the writ petition stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE