Page No.# 1/5 GAHC010262752025 2025:GAU-AS:16770 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6813/2025 SHRI HIFJUR RAHMAN S/O, LT SAJID ALI,VILL- GULALKANDI, P.O. BAZARGHAT,P.S, RATABARI, PIN -788733,DIST SRIBHUMI (KARIMGANJ), ASSAM, VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENTOF ASSAM, EDUCATION DEPARTMENT, (ELEMENTARY), DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE MISSION DIRECTOR SAMAGRA SHIKHA ASSAM KAHILIPARA GUWAHATI-19 4:THE DISTRICT LEVEL COMMITTEE REPRESENTED BY THE DEPUTY COMMISSIONER DIST.- SRIBHUMI ASSAM PIN- 788710 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER SRIBHUMI DIST.- SRIBHUMI ASSAM Page No.# 2/5 PIN- 78871 Advocate for the Petitioner : MR. I H LASKAR, MS. N M LONGKENG,MR. P K DEKA,MR J H LASKAR Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 05.12.2025 Heard Mr. P. K. Deka, learned counsel for the petitioner and Mr. P. Bora, learned Standing Counsel for the respondent Nos. 1, 2 & 6. Also heard Mr. G. Pegu, learned Additional Senior Government Advocate for the respondent No. 4. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the Transfer Order, dated 29.07.2025, passed by the respondent No. 5, i.e., the District Elementary Education Officer, Sribhumi (Annexure-3), with respect to the petitioner from No. 1023 Pahartal LP School to Sarmafa Basti LP School; and also to direct the respondent authorities to consider the representation, dated 30.07.2025 (Annexure-6), filed by the petitioner and to allow him to serve as an Assistant Teacher in the present school, namely, No. 1023 Pahartal LP School. 3. Mr. Deka, learned counsel for the petitioner submits that the petitioner is the senior-most teacher and he has been transferred from the existing school, namely, No. 1023 Pahartal LP School to another school, namely, Sarmafa Basti LP School, in the district of Sribhumi, by the respondent No. 5, vide impugned order, dated 29.07.2025, by relying upon the Office Memorandum, dated Page No.# 3/5 05.05.2023 (Annexure-5), on the ground of rationalization. 4. Mr. Deka further submits that Clause-4 (xix), of the OM, dated 05.05.2023, specifically stated that the junior-most teacher, in terms of tenure in service, shall be transferred first. However, in spite of the petitioner being the senior- most teacher, he has been transferred. Mr. Deka also submits that the petitioner has been suffering from severe Diabetes and the new school, where he has been transferred; is located at a distance of about 50 km from his residence and it is really difficult for him to attend the school on account of his poor health, and that Clause 4 (xxi) of the said OM, dated 05.05.2023, which supports the case of the petitioner, has not been considered by the respondent authority. 5. Mr. Deka, drawing the attention of this Court to the additional affidavit, especially, at page Nos. 42 & 44 of the petition, submits that apart from suffering from Diabetes, he is also suffering from Kidney diseases and under such circumstances, he submits that the present writ petition may be disposed of by directing the respondent No. 5 to dispose of the representation, dated 30.07.2025 (Annxure-6), by considering Clause 4(xxi) of the OM, dated 05.05.2023. 6. Mr. Bora, learned Standing Counsel for the respondent Nos. 1, 2 & 6 submits that he has no objection in the event of directing the respondent No. 5 to dispose of the representation, filed by the petitioner. 7. Having heard the submissions of the learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record and also perused the impugned order, dated 29.07.2025; the OM, dated 05.05.2023; the medical documents enclosed with the petition and also in the additional affidavit, dated 04.12.2025. Page No.# 4/5 8. A perusal of Clause 4(xxi) of the OM, dated 05.05.2023, indicates that the School Education Authority is challenged to serve in difficult areas like Char, hilly areas, etc. A Physically challenged teacher, a female teacher and a teacher with health problems (duly certified by competent authority) should not be posted in difficult areas. These teachers should be preferred for posting in areas with better road connectivity. 9. Further, from the perusal of the medical documents enclosed with the petition and the additional affidavit, it appears that the petitioner is suffering from Diabetes as well as Kidney diseases, and the representation filed by the petitioner, dated 30.07.2025, is still pending before the respondent No. 5. 10. Accordingly, taking note of the submissions of the learned counsel for both the parties and considering the facts and circumstances on record, this Court is inclined to dispose of this petition, by directing the respondent authorities, especially the respondent No. 5; to dispose of the representation of the petitioner, dated 30.07.2025, in the light of Clause 4(xxi), of the OM, dated 05.05.2023, and also in the light of the medical documents, which are being enclosed along with the writ petition and the additional affidavit. 11. The aforementioned exercise has to be carried out within a period of 4 weeks from today. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities, especially, respondent No. 5; within a period of one week from today, by enclosing a copy of the writ petition and the medical documents. On receipt of the certified copy of this order and the copy of the writ petition and the documents enclosed therewith, the respondent No. 5 shall dispose of the representation, dated 30.07.2025, by a Speaking Order. Page No.# 5/5 12. In terms of the above, this petition stands disposed of. JUDGE Comparing Assistant