Page No.# 1/4 GAHC010191022022 2025:GAU-AS:15500 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6229/2022 ARABJAN NESSA AND ANR W/O- ABDUL AWAL, VILL.- NO. 1 GAGALMARI, P.O.- GAGALMARI, P.S.- MAYONG, DIST.- MORIGAON, PIN- 782121, ASSAM 2: MD. AZIZUR RAHMAN S/O- LT. ABDUS SATTAR VILLAGE- NO. 1 GAGALMARI P.O.- GAGALMARI P.S.- MAYONG DIST.- MORIGAON PIN- 782121 ASSA VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) MORIGAON PIN- 782105. Page No.# 2/4 4:THE STATE LEVEL HIGH POWER COMMITTEE REPRESENTED BY THE SENIOR MOST SECRETARY TO THE GOVT. OF ASSAM EDUCATION DEPARTMENT GUWAHATI PIN- 781006. 5:THE DISTRICT SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER MORIGAON DISTRICT PIN- 782105. 6:MISSION DIRECTOR SSA ASSAM KAHILIPARA GUWAHATI-19 ASSA Advocate for the Petitioner : MD. M H CHOUDHURY, MR. A DEKA,MR. T NORBU,MR. S N AHMED,MR. P CHAKRABORTY,MR MONZUR K CHOUDHURY,MRS. L N CHOUDHURY Advocate for the Respondent : SC, ELEM. EDU, MR. B GOGOI, SC, Mission Director, SSA, Assam ( R-6),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 17-11-2025 Heard Mr. A. Deka, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Standing Counsel, SSA, and Mr. A. Phukan, learned Standing Counsel, Elementary Education Department. 2. By filing this petition, the petitioners have put to challenge the order dated 24.11.2022, issued by the Director of Elementary Education, Assam, whereby the proposal for provincialisation of their services as teachers in Chakradubirpar LP School Page No.# 3/4 was rejected on the ground that the State Level Scrutiny Committee (SLCS), after scrutinizing all the proposals and records furnished by the SSA, found that the name of the petitioners’ school did not figure in the DISE data maintained by NUEPA, New Delhi, for the year 2009-2010 and prior. 3. Mr. B. Gogoi, learned Standing Counsel, SSA, by placing the communication dated 01.09.2025, issued by the Executive Director, Samagra Shiksha Axom, fairly submits that as per the DISE data maintained by the NUEPA, New Delhi, the DISE Code No. 18090203407 has been captured for Chakradubirpar LP School for the year 2009-2010. However, he submits that he is unaware of the documents relied upon by the State Government while rejecting the petitioners’ provincialisation proposal. 4. Considering above and also in view of the fact that the SSA is the authority responsible for uploading the DISE data maintained by the NUEPA, New Delhi, under the Ministry of Education, Government of India, the stand of the SSA that the name of the petitioners’ school appears in DISE data maintained by the NUEPA, New Delhi, is deserved to be accepted. Consequently, stand of the State Government that the petitioners’ school does not appear in the DISE data maintained by the NUEPA, New Delhi cannot be accepted, as the same is not supported by the SSA. Since the issue having been clarified by the SSA, the rejection of the proposal for provincialisation of the petitioners’ service as a Teacher is clearly inconsistent with the communication dated 01.09.2025 by the Executive Director, Samagra Shiksha Axom. 5. In that view of the matter, the impugned order dated 24.11.2022, rejecting the proposal for provincialisation of the petitioners’ service as Teachers, is unsustainable in law and accordingly, the same stands set aside. The respondent authorities are directed to re-consider the provincialisation of the petitioners’ services in Chakradubirpar LP School on the basis of the stand taken by the SSA that the DISE Code of the said school was duly captured for the year 2009-2010. The entire exercise shall be completed by the respondent authorities within a period of 3 (three) months Page No.# 4/4 from the date of this order. 6. Writ petition accordingly stands allowed and disposed of. JUDGE Comparing Assistant