Page No.# 1/4 GAHC010132512025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3420/2025 MADHAB KALITA AND 6 ORS. S/O LATE MADHURAM KALITA R/O VILL- NO. 2 ULUBARI, P.O. NATUN HOWLY, P.S. TAMULPUR, DIST. TAMULPUR, ASSAM, PIN- 781367. 2: SARASWATI CHETRY W/O ROHIT BAHADUR NIROLA R/O BAHBARI P.O. KUMARIKATA P.S. TAMULPUR DIST. TAMULPUR ASSAM PIN- 781360 3: MINAKSHI KALITA W/O RATUL LAHKAR R/O VILL- BATAKUCHI P.O. JAMTOLA P.S. RANGIA DIST. KAMRUP ASSAM PIN-781354 4: BHADRESHWAR RABHA S/O LATE LADURAM RABHA R/O VILL- BATIAMARI P.O. KALBARI P.S. TAMULPUR DIST. TAMULPUR ASSAM PIN-781367 Page No.# 2/4 5: MD BABUL ALI S/O LATE SAHABUDDIN ALI R/O VILL- KUMARIKATA P.O. KUMARIKATA P.S. TAMULPUR DIST. TAMULPUR ASSAM PIN-781360 6: JAKIR HUSSAIN S/O LATE MANIRUDDIN AHMED R/O BAHBARI KUMARIKATA P.O. KUMARIKATA P.S. TAMULPUR SUB-DISTRICT TAMULPUR DIST. BAKSA BTC PIN-781360 ASSAM 7: HAFIZA AHMED D/O LATE ABDUL JALIL AHMED R/OP VILL- BHAKUAMARI P.O. ANANDA BAJAR P.S. SALBARI DIST. BAKSA ASSAM PIN-78131 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM, DISPUR, GUWAHATI-6 2:THE PRINCIPAL SECRETARY FINANCE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-6. 3:THE COMMISSIONER AND SECRETARYH TO THE GOVT. OF ASSAM EDUCATION DEPARTMENT (SECONDARY) DISPUR GUWAHATI-6. Page No.# 3/4 4:THE SECRETARY LEGISLATIVE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-6. 5:THE DIRECTOR OF SECONDARY EDUCATION GOVERNMENT OF ASSAM KAHILIPARA GUWAHATI-19. 6:BODO LAND TERRITORIAL COUNCIL REPRESENTED BY THE SECRETARY BTC KOKRAJHAR Advocate for the Petitioner : MR M GOSWAMI, MS S PATOWARY,MR R SINGHA Advocate for the Respondent : SC, BTC, SC, SEC. EDU.,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 05/12/2025 (N. Unni Krishnan Nair, J) 1. Heard Mr. R. Singha, learned counsel for the petitioner. Also heard Mr. N. J. Khataniar, learned Standing Counsel, School Education Department, appearing for the respondent nos. 1, 3 & 5 as well as Mr. A. Chaliha, learned Standing Counsel, Finance Department, appearing for the respondent no. 2. Ms. B.Bhuyan, learned senior counsel, appears for the respondent no. 6. 2. The petitioner, by way of instituting the present proceeding, has presented a challenge to the provisions of Section 2(u), 4(2)(iv), 6, 7 and 24 of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Page No.# 4/4 Institutions) Act, 2017 (herein after referred to as the Act of 2017). 3. Mr. N.J. Khataniar, learned Standing Counsel, School Education Department, has submitted that a similar challenge presented to the provisions of the Act of 2017, was considered by a Coordinate Bench of this Court in the case of Mohor Ali Sheikh & Ors. Vs. State of Assam & Anr. [2024 (5) GLT 689]. He submits that on consideration of the issues arising in the said proceeding, the Coordinate Bench had rejected the challenge so presented to the provisions of the Act of 2017. He submits that the case of the writ petitioners, in the present writ petition, would be covered by the decision of the Coordinate Bench in the case of Mohor Ali Sheikh & Ors. (Supra). 4. Mr. R. Singha, learned counsel for the petitioners submits that the case of the petitioners would be covered by the decision of the Coordinate Bench of this case in the case of Mohor Ali Sheikh & Ors. (Supra). 5. In view of the consensus arrived at between the learned counsels for the parties, we are of the considered view that no further adjudication would be called for in the present writ petition and the same can be disposed of by applying the decision of the Coordinate Bench of this Court in the case of Mohor Ali Sheikh & Ors. (Supra). 6. Accordingly, the present writ petition stands disposed of in line with the decision of the Coordinate Bench of this Court in the case of Mohor Ali Sheikh & Ors.(Supra). JUDGE JUDGE Comparing Assistant