Page No.# 1/4 GAHC010210652025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5495/2025 SANOWAR HUSSAIN S/O- SAHADAT ALI. R/O- LAKHIPUR AMBARI, WARD NO.4, LAKHIPUR TOWN, PO AND PS- LAKHIPUR DIST- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SCHOOLS EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE INSPECTOR OF SCHOOLS DDC DHUBRI ASSAM 4:THE HEADMASTER H.R. MEMORIAL HIGH MARDASSA DINGDINGA PO- CHIRAKUTI P.S- FAKIRGANJ DIST- DHUBRI ASSAM PIN - 78333 Advocate for the Petitioner : MR. A R BHUYAN, MR T T MONI,MR. A M KHAN Page No.# 2/4 Advocate for the Respondent : SC, SEC. EDU., BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN ORDER 24.09 .2025 Heard Mr. A.R. Bhuyan, learned counsel for the petitioner and also heard Ms. D. Musahary, learned standing counsel, Secondary Education Department, appearing for the respondent Nos.1—3. None appears for the respondent No.4. 2. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities, more particularly, the respondent Nos.3 and 4, to issue his release order, in terms of the transfer order, dated 06.09.2025, issued by the respondent No.2, so as to enable him to joint in his new place of posting in the district of Goalpara, Assam. 3. Mr. Bhuyan, learned counsel for the petitioner submits that the petitioner is serving as Assistant Teacher (Science) of H.R. Memorial High Madrassa, Dingdinga, under the Inspector of Schools, DDC, Dhubri. On his request, the Director of Secondary Education, Assam, vide order, dated 06.09.2025, had transferred him from Dhubri district to Goalpara district and in the said order dated 06.09.2025, the Director has stated that Headmaster of the School shall instantly release the teacher and the teacher concerned shall join in his new place of posting within 10(ten) days from the date of issue of the order. But, the petitioner has not been released by the respondent No.4, the Headmaster of the H.R. Memorial High Madrassa, Dingdinga of Dhubri district, in spite of the specific direction in the order dated 06.09.2025, and being aggrieved, the petitioner has approached this Court by filing the present petition. 4. Mr. Bhuyan further submits that the transfer order was issued on 06.09.2025, and Page No.# 3/4 in view of the fact that the period of 10(ten) days fixed therein, has already been elapsed and still the petitioner has not been released by the respondent No.4, this petition may be disposed of by directing the respondent No.4 to release the petitioner forthwith and also by directing the respondent No.2 to extend the date of joining by another 15(fifteen) days. 5. Per contra, Ms. Musahary, learned standing counsel for the respondent Nos.1—3, has obtained written instruction from the respondent No.4 and submits that the petitioner could not be released from the School as there are 236 nos. of students and only 3 nos. of regular and 2 nos. of Arabic Teachers (Tutors) are in his school. Ms. Musahary also submits that the stand so taken by the respondent No.4 is not sustainable in view of the order being passed by the Director of Secondary Education by transferring the petitioner from the H.R. Memorial High Madrassa, Dingdinga to Goalpara district and under such circumstances, she submits that this petition may be disposed of by directing the respondent No.4 to release the petitioner forthwith. 6. 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 perused the transfer order, dated 06.09.2025, issued by the Director, Secondary Education, respondent No.2. 7. It appears that the petitioner, who is serving in the H.R. Memorial High Madrassa, Dingdinga, Dhubri is transferred to Goalpara district and directed the Headmaster of the said school to release the petitioner instantly and also directed the petitioner to join in the new place of posting within 10(ten) days. But the 10(ten) days period has already been elapsed and the petitioner has not been released till date. Though the respondent No.4 has assigned a reason for not releasing the petitioner, the same is found to be not at all tenable. As the respondent No.2 had directed him to release the petitioner, the respondent No.4 had left with no other option but to release the petitioner as per direction. 8. Thus, taking note of the aforementioned facts and circumstances and also the Page No.# 4/4 submission of learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the respondent No.4 to release the petitioner forthwith, with further direction to the respondent No.2 to extend the period of 10(ten) days by another 15(fifteen) days, so as to enable the petitioner to join in the new place of posting. The petitioner shall obtain a certified copy of this order and place the same before the respondent No.4 within a period of 2(two) working days from today. 9. In terms of above, this writ petition stands disposed of. Comparing Assistant Sd/- Robin Phukan JUDGE