Page No.# 1/4 GAHC010255582025 2025:GAU-AS:16777 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6560/2025 MD SHIRAJUL HOQUE S/O REFAZ UDDIN, R/O VILL. NATUN KATHMI, P.O. KALATOLI BAZAR, P.S. BOKO, DIST. KAMRUP, ASSAM, PIN- 781136 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 3:THE INSPECTOR OF SCHOOLS KAMRUP DISTRICT CIRCLE AMINGAON GUWAHATI-781031 4:THE HEADMASTER KALATOLI KATHMI ANCHALIK SENIOR SECONDARY SCHOOL P.O.- KALATOLI BAZAR VIA CHAMARIA DIST- KAMRUP ASSAM PIN CODE- 78113 Advocate for the Petitioner : MR N AHMED, MS. S DEVI,MR. R M DEKA Advocate for the Respondent : SC, SEC. EDU., Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 05.12.2025 Heard Mr. R. M. Deka, learned counsel for the petitioner and Mr. S. M. T. Chisite, learned Standing Counsel for the respondent Nos. 1 & 2. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to forthwith provincialise the service of the petitioner as Tutor in the Department of Assamese at Kalatoli Kathmi Anchalik Senior Secondary School in Kamrup district. 3. Mr. Deka, learned counsel for the petitioner submits that the petitioner has been working as a Lecturer in the Department of Assamese at Kalatoli Kathmi Anchalik College (Jr), since the year 2001 and the said college was later amalgamated with Kalatoli Kathmi Anchalik Senior Secondary School. Thereafter, the District Scrutiny Committee had recommended the name of the petitioner for provincialisation of his service; but, his service was not provincialised and when the petitioner made an enquiry with the respondents, the petitioner came to know that due to non-reflection of his name in the DISE Code, his service was not provincialised. 4. Mr. Deka also submits that in view of Section 4 of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 (Act of 2017, for short), there is no requirement of capturing the name in the DISE data, for being appointed as Lecturer in a Junior College. Page No.# 3/4 5. Mr. Deka, further submits that a Co-ordinate Bench of this Court, in WP(C) No. 5883/2024, vide order dated 20.03.2025, has already granted similar relief to similarly situated petitioners and this writ petition may also be disposed of at the motion stage itself, by granting similar relief to the petitioner, as granted to the petitioners in WP(C) No. 5883/2024; and he also submits that the case of the petitioner may be verified and if the case of the petitioner is found to be similarly situated to that of the petitioners in WP(C) No. 5883/2024, then his service may also be provincialised. 6. Mr. Chistie, learned Standing Counsel for the respondent Nos. 1 & 2, by referring to the order of this Court, dated 21.11.2025, submits that pursuant to the said order, a letter was written to the Secretary, Assam State School Education Board, Division-II, Guwahati, regarding the enrollment of students and the same is still awaited; and under such circumstances, Mr. Chistie submits that at this stage, notice may be issued to the respondents. 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 order, dated 20.03.2025, passed in WP(C) No. 5883/2024. 8. It is to be noted here that by relying upon the decision of another Co- ordinate Bench of Court, in the case of Kishor Kumar Nath and Others Vs. State of Assam, reported in 2023 SCC Online GAU 1487, more specifically, in paragraph Nos. 9, 14, 16, 17, 18 & 19; a Co-ordinate Bench of this Court has granted similar relief to the petitioner in WP(C) No. 5883/2024 and directed the Director of Secondary Education, Assam, to consider the case of the petitioner for provincialisation of his service as Teacher/Tutor, by making necessary verification, as per the provision of the Act of 2017; without Page No.# 4/4 necessitating upon his name being captured in the DISE Code of 2009-10, as provided in the abovementioned case. 9. 9. Accordingly, taking note of submissions of the learned counsel for both the parties and also considering the decision of the Co-ordinate Bench of this Court, in the case of Kishor Kumar Nath (Supra), and also in the case of Ranuma Ahmed Vs. The State of Assam & 4 Ors., in WP(C) No. 5883/2024; this Court is inclined to dispose of this petition at the motion stage itself, by granting similar relief to the petitioner, as granted to the petitioners in the cases of Kishor Kumar Nath (Supra) and Ranuma Ahmed(Supra); by directing the Director of Secondary Education, Government of Assam, to consider the case of the petitioner for provincialisation of his service as Teacher/Tutor, by making necessary verification, as per the provision of the Act of 2017; without necessitating upon his name being captured in the DISE Code of 2009-10. 10. The aforementioned exercise has to be carried out within a period of 6 months from the date of receipt of certified copy of this order and shall produce the same before the respondent authorities within a period of one week from today. Along with the certified copy of this order, the petitioner shall also enclose a copy of the writ petition and the documents enclosed therewith. 11. In terms of the above, this petition stands disposed of. JUDGE Comparing Assistant