Page No.# 1/4 GAHC010182152024 2025:GAU-AS:1698 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4547/2024 PRAGYA SAIKIA D/O SRI PADMESWAR SAIKIA RESIDENT OF FURKATING ATHGAON, PO BAMBARAHI, FURKATING, DIST GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT ( SECONDARY) DISPUR, SACHIVALAYA, GUWAHATI 06 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE DISTRICT LEVEL SCRUTINY COMMITTEE FOR SECONDARY EDUCATION REPRESENTED BY THE CHAIRMAN CUM THE DEPUTY COMMISSIONER GOLAGHAT DISTRICT CIRCLE GOLAGHAT ASSAM 4:THE INSPECTOR OF SCHOOLS GOLAGHAT DISTRICT CIRCLE GOLAGHAT ASSAM 5:THE GOVERNING BODY OF MORONGI MAHAVIDYALAYA Page No.# 2/4 REPRESENTED BY ITS SECRETARY MORONGI MAHAVIDYALAYA (JR.) GOLAGHAT DIST GOLAGHAT ASSAM 785613 6:THE PRESIDENT GOVERNING BODY OF MORONGI MAHAVIDYALAYA (JR.) GOLAGHAT DIST GOLAGHAT ASSAM 785613 7:MORONGI MAHAVIDYALAYA (JR.) REPRESENTED BY THE PRINCIPAL OF THE COLLEGE GOLAGHAT DIST GOLAGHAT ASSAM 785613 8:SMTI NEELAKHI HAZARIKA LECTURER MORONGI MAHAVIDYALAYA (JR.) GOLAGHAT DIST GOLAGHAT ASSAM 78561 Advocate for the Petitioner : MR. M SAIKIA, Advocate for the Respondent : SC, SEC. EDU., BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 18-02-2025 Heard Mr. M Saikia, learned counsel for the petitioner. Also heard Ms. P Das, learned Standing Counsel, Secondary Education Department. 2. The petitioner has put to challenge the Speaking order dated 04.07.2016 issued by the Director, Secondary Education Department wherein it has been held that the respondent No. 8 is senior to the petitioner by one day. The petitioner has also put to challenge the order dated 27.07.2015 issued by the Page No.# 3/4 President, Governing Body, Morongi Mahavidyalay Junior College by which the petitioner has been released from the post of Lecturer, as his post of Lecturer has been declared as an additional post w.e.f. 25.07.2015. 3. The petitioner’s counsel, at the outset, submits that he does not wish to press his challenge to the speaking order dated 04.07.2016 issued by the Director, Secondary Education Department, in so far as it relates to the seniority issue between the petitioner and the respondent No. 8. He, however, submits that the Director of Secondary Education has not taken a decision on the release of the petitioner as a Lecturer, in terms of the impugned letter dated 27.07.2015 issued by the Governing Body of the college. 4. The petitioner’s counsel submits that in view of there being an alternative remedy to the petitioner, he would like to challenge the validity of the impugned letter dated 27.07.2015 passed by the Governing Body of the junior college in the alternative forum, by filing an appropriate petition before the Educational Tribunal, Golaghat. 5. Ms. P Das, learned Standing Counsel, Secondary Education Department submits that she has got no objection to the submission made by the petitioner’s counsel. 6. The brief facts of the case is that the petitioner’s college was provincialised in 2013 and the provincialization of teachers had been done in terms of the Schedule to the Assam Venture Educational institutions (Provincialisation of Service) Act, 2011. The service of the petitioner herein was not provincialised. Thereafter, the petitioner was released from service by the Governing Body of the college, as the concerned college now became a Government college. In Page No.# 4/4 view of the fact that there is no objection to the prayer of the petitioner’s counsel to approach the Educational Tribunal, Golaghat, the writ petition is dismissed, by giving liberty to the petitioner to approach the Educational Tribunal, Golaghat, as per law. JUDGE Comparing Assistant