Page No.# 1/4 GAHC010144702021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5004/2021 SHAHIDUL ISLAM S/O MANIR UDDIN AHMED, VILL. SHAWRACHARA, P.O. CHIKNI, DIST. BARPETA, ASSAM, PIN 78 VERSUS THE STATE OF ASSAM AND 4 ORS. THROUGH THE SECY. TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION, DISPUR, GHY 06 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY 19 3:THE DIST. ELEMENTARY EDUCATION OFFICER BARPETA DIST. BARPETA ASSAM. 4:THE STATE LEVEL HIGH POWER COMMITTEE ASSAM REPRESENTED BY ITS CHAIRPERSON CUM SECY. TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DISPUR GUWAHATI 6 5:THE DIST. SCRUTINY COMMITTEE BARPETA REPRESENTED BY ITS CHAIRPERSON CUM DEPUTY COMMISSIONER BARPETA DIST. BARPETA ASSAM Page No.# 2/4 Advocate for the Petitioner : MR M H AHMED, MS. N SULTANA Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 01.12.2025 Heard Mr. M.H. Ahmed, learned counsel for the petitioner; Mr. P.K. Borah, learned standing counsel for the Elementary Education Department, being respondent Nos. 1 – 4; and Ms. K. Phukan, learned Government Advocate for the respondent No. 5. 2. The petitioner herein is aggrieved for non-provincialisation of his service by the respondent authorities. 3. Mr. Ahmed, learned counsel for the petitioner submits that vide resolution No. 2, dated 29.09.2007, the petitioner was appointed as Arabic Teacher by the Managing Committee of Char Balikuri Naba Jagaran ME Madrassa. Mr. Ahmed further submits that the said Madrassa was recognised on 28.12.2005, w.e.f. 01.01.2005 and vide order dated 24.03.2008, the appointment of the petitioner was approved by the District Elementary Education Officer, Barpeta and his name was captured in the DISE Code of 2008 – 09, 2009 – 10 onwards also and since the date of his joining, i.e. 01.10.2007, he has been discharging his duties till today. But, the District Scrutiny Committee, Barpeta did not recommend the name of the petitioner for provicialisation of his service. 3.1. Mr. Ahmed further submits that though vide order dated 04.02.2021, the respondent authorities have provincialised the service of the Headmaster Hazarat Ali Ahmed, Assistant Teacher Iman Ali and Science Teacher Amir Hamja Page No.# 3/4 as Tutors, the service of the petitioner was not provincialised and to that effect, he had filed an appeal before the Secretary to the Government of Assam in the School Education Department (respondent No. 1), on 17.08.2021. But, the same has not yet been disposed of. Under such circumstances, Mr. Ahmed submits that this present writ petition may be disposed of by directing the respondent No. 1 to dispose of the said representation filed by the petitioner with a direction to provincialise his service in a time bound manner. 3.2. Mr. Ahmed has also referred to a decision of a Coordinate Bench of this Court, in W.P. No. 5072/2021, wherein the Director of Elementary Education was directed to dispose of the representation filed by the petitioner therein, taking note of the provision of Section 3(1)(xi) of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 within a period of four weeks from the date of receipt of the said representation and that similar order may be passed in the present case also. 4. Per-contra, the learned counsel for the respondent authorities submit that they have no objection in the event of disposing of this petition by directing the respondent No. 1 to dispose of the representation filed by the petitioner. 5. Accordingly, taking note of the submissions of learned counsel for both the parties and also as agreed upon, this Court is inclined to dispose of the petition by directing the respondent No. 1 to dispose of the representation filed by the petitioner on 17.08.2021, by a speaking order, within a period of 4 (four) weeks from the date of receipt of certified copy of this order. 6. The petitioner shall obtain a certified copy of this order and place the same along with the present writ petition and the documents enclosed Page No.# 4/4 therewith, before the respondent No. 1, within a period of 1 (one) week from today. 7. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant