Page No.# 1/5 GAHC010234902025 2025:GAU-AS:14782 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6145/2025 THE CHITALMARI HIGH SCHOOL REPRESENTED BY ITS HEAD MISTRESS,P.O- SAMARALI BAZAR, P.S- LANKA,DIST- HOJAI, ASSAM. 2: NILIMA SAIKIA THE HEAD MISTRESS OF CHITALMARIHIGH SCHOOL W/O- ANWAR HUSSAIN TALUKDAR VILL- UTTAR SAMARALI P.O- SAMARALI BAZAR P.S- LANKA DIST- HOJAI ASSAM 3: HILAL AHMED CHOUDHURY ASSISTANT TEACHER SCIENCE S/O- NUR UDDIN CHOUDHURY VILL AND P.O- SAMARALI BAZAR P.S- LANKA DIST- HOJAI ASSAM 4: JAMAL AHMED ASSISTANT TEACHER SCIENCE S/O- LATE ABDUL KADIR VILL- DIGHALJAR P.S- LANKA DIST- HOJAI ASSAM VERSUS THE STATE OF ASSAM, Page No.# 2/5 REPRESENTEDBY THE SECRETARY, GOVT. OF ASSAM,SECONDARY EDUCATION DEPARTMENT,DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM PLIPARA GUWAHATI-19. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHIPLIPARA GUWAHATI-19. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HOJAI DIST HOJAI ASSAM 5:THE INSPECTOR OF SCHOOLS HD HOJAI ASSAM. 6:THE BLOCK ELEMENTARY EDUCATION OFFICER LANKA DIST- HOJAI ASSAM. 7:THE CHITALMARI ME SCHOOL REPRESENTED BY ITS HEAD MASTER P.O- SAMARALI BAZAR DIST- HOJAI ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, N. UDDIN,MS. P AHMED,R KHA Advocate for the Respondent : SC, SEC. EDU., SC, ELEM. EDU Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 01.11.2025 Heard Mr. M I Hussain, learned counsel for the petitioners. Also heard Mr. U Sharma, learned Standing counsel, Secondary Education Department, Assam for the respondent Nos. 1, 2 & 5 as well as Mr. A Phukan, learned Standing counsel, Elementary Education Department, for the respondent Nos. 3, 4 & 6. 2. By way of the instant writ petition under Article 226 of the Constitution of India, the petitioners are seeking, inter-alia, for a direction to the respondent authorities to take appropriate steps for physical amalgamation of both Chitalmari High School and Chitalmari M.E. School in view of the order dated 11.01.2018 passed by the Government of Assam, Secondary Education Department. 3. The brief facts of the case are that on 11.01.2018, the Commissioner & Secretary to the Government of Assam, Secondary Education Department issued an order, amalgamating the respondent No. 7, Chitalmari M.E. School with the petitioner No. 1 school, Chitalmari High School. However, the respondent No. 7 thereafter had assailed the legality and validity of the said amalgamation order dated 11.01.2018 before this Court by filing WP(C) No. 836/2018. In said WP(C) No. 836/2018, this Court after hearing the learned counsels for the parties vide order dated 13.09.2019 was pleased to dispose of the same, by directing the respondent authorities to verify the service conditions of the teaching and non-teaching staff of the respondent No. 7 school so that no prejudice is caused to any of the staff of the said school because of the amalgamation. 4. It is the further case of the petitioners that thereafter, the Inspector of Schools, HDC, Hojai, Assam submitted a report dated 13.08.2025 to the Director of Elementary Page No.# 4/5 Education, Assam, wherein it has been observed that in view of Clause-4 of the Office Memorandum dated 22.09.2016, there shall not be any financial loss and whatever the emolument they are getting shall continue after amalgamation. It is further stated in the said report dated 13.08.2025 that the teaching and non-teaching staff of the respondent No. 7 school will continue to receive the financial emoluments what they are getting now post amalgamation and accordingly, the Inspector of Schools, HDC, Hojai, requested the Director of Elementary Education, Assam to take appropriate steps for physical amalgamation of both the respondent No. 7 school and the petitioner No. 1 school as per the order dated 11.01.2018 passed by the Government of Assam, Secondary Education Department. 5. However, since no steps, whatsoever, have been taken till date for effecting the physical amalgamation of both the said schools, the present writ petition has been filed. 6. It is submitted at the bar that since the issue involved in the writ petition is only for carrying out the physical amalgamation of both the schools in terms of the order dated 11.01.2018 passed by the Commissioner & Secretary to the Government of Assam, Secondary Education Department read with the report of the Inspector of Schools, HDC, Hojai dated 13.08.2025, which is in line with the directions passed by a Co-ordinate Bench of this Court vide order dated 13.09.2019 passed in WP(C) No. 836/2018, this writ petition can also be disposed of by directing the respondent authorities to conclude the physical amalgamation of the two schools in question. 7. After hearing the learned counsels for the parties and having perused the materials available on record including the endorsements made by the learned counsels for the parties, this Court is of the considered view that this writ petition can be disposed of at the motion stage itself, by directing the respondent authorities to take appropriate steps for physical amalgamation of both the petitioner No. 1 Chitalmari High School with the respondent No. 7 Chitalmari M.E. School in view of Page No.# 5/5 the order dated 11.01.2018, passed by the Government of Assam, Secondary Education Department, within a period of 4 (four) months from the date of receipt of certified copy of this order. 8. Ordered accordingly. 9. With the above observation and direction, this writ petition, stands disposed of. JUDGE Comparing Assistant