Page No.# 1/5 GAHC010184222025 2025:GAU-AS:11084 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4686/2025 ASHIM BORAH S/O TARUN BORAH R/O GEREKICHUK JAMUGUIHAT PS JAMUGURI DIST SONITPUR ASSAM PIN 784180 VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM SCHOOL EDUCATION DEPTT SECONDARY DISPUR ASSAM 781006 2:THE DIRECTOR TO THE SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 19 3:THE INSPECTOR OF SCHOOLS SONITPUR DISTRICT CIRCLE TEZPUR 4:THE INSPECTOR OF SCHOOLS BISWANATH DISTRICT CIRCLE BISWANATH 5:THE HEAD MASTER JAMUGURI ADARSHA HIGH SCHOOL JAMUGURIHAT ASSAM 78418 Advocate for the Petitioner : MR S BORTHAKUR, P KHATANIAR Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 20.08.2025 Heard Mr. S. Barthakur, learned counsel for the petitioner. Also heard Ms. P. Das, learned standing counsel for the respondents in the Secondary Education Department. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the Headmaster, Jamuguri Adarsha High School, Jamugurihat/respondent No. 5 to immediately release the petitioner from his present post of Assistant Teacher of Jamuguri Adarsha High School (Naduar Education Block), so that he can join his new post in Agnikabi Cluster, Biswanath Block, as per his transfer order, dated 31.07.2025, without delay, and also to issue direction the Director of Secondary Education, Assam/respondent No. 2, to extend the joining period of the petitioner in his newly appointed Biswanath District beyond the initially stipulated 10 days, as provided, vide his transfer order, dated 31.07.2025. 3. Mr. Barthakur, learned counsel for the petitioner submits that the petitioner has been working as Assistant Teacher in Jamuguri Adarsha High School and after rendering more than 10 years of service, he had filed an application, seeking transfer, at his own will and in his own grade and scale of pay, to Biswanath Block, Agnikabi Cluster, from his present education block, which is Naduar Education Block in the month of April, 2025. Mr. Barthakur also submits that thereafter, the Director of Secondary Education, Assam, vide office order, bearing No. GB-EST/TRN//1/2022 (Inter/SE-002-002-0004634), dated 31.07.2025, was pleased to transfer the petitioner at his own request and in his Page No.# 3/5 own grade and scale of pay and posted him in Biswanath district. Thereafter, the petitioner filed one representation to the Headmaster, Jamuguri Adarsha High School for releasing him, and the Headmaster had received the said representation, but he refused to give acknowledgement of the same. Mr. Barthakur further submits that in spite of request being made by the petitioner, the Headmaster is sitting over the matter, without releasing him, although he was required to be released within 10 days enabling him to join his new place of posting. Mr. Barthakur also submits that as per Clause-1 of the transfer order, dated 31.07.2025, issued under the signature of the Director of Secondary Education, Assam, it has clearly been stated that the teacher will be instantly released by the Head of the school, however, in total violation of Clause-1 of the said order, the Headmaster of Jamuguri Adarsha High School has not issued the release letter to the petitioner till date, and as such, the petitioner has approached this Court by filing the present petition. 4. Per contra, Ms. Das, learned standing counsel for the respondents in the Secondary Education Department, on instruction from the Inspector of Schools, Sonitpur, submits that the Headmaster of Jamuguri Adarsha High School had submitted a report, dated 18.08.2025, to the Inspector of Schools, regarding release of Sri Ashim Borah/petitioner herein and stated that Sri Ashim Borah has been the Secretary of the school bank since 2016, till date, but he has not conducted any audit, even after request being made on several occasions, and the transfer of Sri Ashim Borah has been discussed with SMDC members, retired teachers, present teachers and staff of the school and they arrived at a resolution that Sri Ashim Borah will be released from the school only after he clears all his dues and audit of school bank, and under such circumstances, Ms. Das submits that the petitioner could not be released by the Headmaster. Page No.# 4/5 5. In reply, Mr. Barthakur, learned counsel for the petitioner submits that the school bank is a private bank managed by the teachers of the school and it has nothing to do with the transfer order of the petitioner, and that the petitioner is ready to furnish a cheque and if any amount is recoverable from him, the same may be recovered by encashing the cheque. Under such circumstances, Mr. Barthakur has contended to allow this petition. 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record, and also perused the transfer order dated 31.07.2025, and also perused the written instruction placed before this Court by Ms. Das. 7. It appears from the instruction placed before this Court by Ms. Das, learned standing counsel for the respondents in the Secondary Education Department, that the Headmaster of Jamuguri Adarsha High School could not release the petitioner on account of failing to conduct audit of the school bank since 2016 till date. However, as submitted by Mr. Barthakur, learned counsel for the petitioner, the school bank is a private bank managed by the teachers and as such, it is a personal matter of the teachers of the said school and it has nothing to do with the transfer order of the petitioner, that has been issued by the Director of Secondary Education, Assam. 8. It also appears from Clause-1 of the transfer order dated 31.07.2025, that the petitioner ought to have been released by the Headmaster of the school and Clause-2 of the said order indicates that the petitioner has to report to the Inspector of Schools of the newly posted district, within 10 days from the date of issuance of the said order, but the said period has already elapsed. 9. Thus, taking note of the submissions of learned counsel for both the Page No.# 5/5 parties, and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by directing the Headmaster, Jamuguri Adarsha High School, Jamugurihat/respondent No. 5 to release the petitioner within a period of one week from the date of receipt of certified copy of this order. Further, the Director of Secondary Education, Assam/respondent No. 2 is directed to extend the period of joining for another 10 days from the date of receipt of certified copy of this order so that the petitioner can join his new place of posting. The petitioner shall obtain a certified copy of this order and place the same before the respondent Nos. 2 and 5 within two weeks from today. 10. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant