Page No.# 1/3 GAHC010230162025 2025:GAU-AS:14424 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6082/2025 FULCHAN MAMUD SON OF NURUDDIN SK, R/O LAKHIPUR COLLEGE NAGAR, LAKHIPUR, 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 6 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 3:THE INSPECTOR OF SCHOOLS DDC DHUBRI ASSAM 4:THE HEADMASTER BELDUBI HIGH SCHOOL BELDUBI MEDERTARI FAKIRGANJ DHUBRI ASSAM Advocate for the Petitioner : MR. A R BHUYAN, Advocate for the Respondent : SC. EDU., Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 29.10.2025 Heard Mr. A. R. Bhuyan, learned counsel for the petitioner and Ms. N. M. Sarma, learned Standing Counsel, Secondary Education Department for the respondent Nos. 1 to 3. [2.] Having regard to the nature of the case projected by the petitioner, the writ petition is taken up for disposal at the motion stage itself. [3.] According to the petitioner he is working as an Assistant Teacher teaching Science in Beldubi High Madrassa in the district of Dhubri and that the Director of Secondary Education, Assam issued an Order dated 06.09.2025 transferring him from the said School to Goalpara district. In terms of the said order, the petitioner is to be released from his present place of posting and required to report to the Inspector of Schools of Goalpara district within ten (10) days from the date of issuance of the Order dated 06.09.2025. Despite the Order, as the petitioner was not released, he submitted an application to the Headmaster of school on 08.09.2025 for releasing him in order to enable him to join his place of transfer. However, as the Headmaster did not take any steps, the petitioner submitted further representation to the Inspector of Schools, DDC, Dhubri and to the Director of Secondary Education, Government of Assam on 15.09.2025, which was also received by the authorities concerned on the same date. Despite the same, since the headmaster has not released him till date, the petitioner is before this Court. Page No.# 3/3 [4.] Mr. A. R. Bhuyan, learned counsel for the petitioner submits that a similarly situated person had also approached this Court seeking his release as per the Transfer Order issued in his favour by filing WP(C) No. 5495 of 2025 and this Court vide Order dated 24.09.2025 disposed of the writ petition by directing the Headmaster of the school concerned to release the petitioner therein within a time frame while extending the period for joining to the new place of posting. He submits that a similar order may be passed in the instant case. [5.] Ms. N. M. Sarma, learned Standing Counsel, Secondary Education Department, submits that in view of the Order passed by the Director, the same should be complied with by the Headmaster of the School. [6.] In view of above, upon hearing the learned counsels for the parties and upon perusal of the materials available on record, the writ petitioner is disposed of by directing the Headmaster of the school concerned (respondent No. 4) to release the petitioner from the school immediately in order to enable him to join new place of posting in terms of the Order dated 06.09.2025. Further, the respondent No. 2 shall extend the joining period to ten (10) days from today to enable the petitioner to join the new place of posting. The petitioner shall furnish a certified copy of this Order to the respondent No. 4 and also to the respondent No. 2 for necessary action. JUDGE Comparing Assistant