Page No.# 1/10 GAHC010120762024 2025:GAU-AS:17745 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3185/2024 NILAMANI NATH AND 11 ORS S/O LATE RAJA KANTA NATH, R/O VILL- MOLIGAON, P.O.-BOITAMARI. P.S.-ABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN-783389 2: SMTI. BONALATA BARMAN W/O SRI PARESH MEDHI R/O VILL- BARKHATA P.O.-BOITAMARI. P.S.-ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783389 3: ABDUL MOTALEB S/O LATE TOFAJJEL HUSSAIN R/O VILL- NAMBERPARA PART II P.O.-NAMBERPARA P.S.-ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783392 4: BISWA RANJAN KALITA S/O LATE NIRANJAN KALITA VILL AND P.O.-PACHANIA DIST- BONGAIGAON ASSAM PIN-783382 5: KAMLESWAR NATH S/O SRI SARAT CHANDRA NATH R/O VILL- KERKHABARI P.O.-NAYAGAON P.S.-JOGIGHOPA DIST- BONGAIGAON Page No.# 2/10 ASSAM PIN-783384 6: DELOWAR HUSSAIN KHAN S/O LATE KADDUS ALI KHAN R/O VILL- GOLAPARA PART IV P.O.-GOLAPARA P.S.-ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783384 7: SUDHAKAR KUMAR SINGH S/O LATE MUNSHI SINGH R/O GURUNANAK NAGAR WARD NO. 13 DIST-BONGAIGAON ASSAM PIN-783380 8: SMTI SWAPNA SARKER D/O LATE DINESH CHANDRA SARKER R/O VILL- BHAKARIVITA WARD NO. 6 DIST- BONGAIGAON ASSAM PIN-783380 9: SMTI MERIJA KHATUN D/O LATE AKABBAR ALI R/O VILL- MALEGARH P.S.-JOGIGHOPA DIST-BONGAIGAON ASSAM PIN-783382 10: ABDUL LATIF SHEIKH S/O LATE ANAR UDDIN SHEIKH R/O VILL- CHIKIBIKI P.O.-BILASPUR DIST-BONGAIGAON ASSAM PIN-783372 11: DILOWAR HUSSAIN S/O MUZAFFAR ALI R/O VILL- DHANTALA P.O.-DHANTALA BAZAR Page No.# 3/10 P.S.-ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783372 12: SMTI. HAIMA PATGIRI W/O SRI MONTU NATH R/O VILL- CHAKIHALI P.O.-CHAKIHALI P.S.-MANIKPUR DIST-BONGAIGAON ASSAM PIN-78339 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI, ASSAM, PIN-781006 2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI ASSAM PIN-781019 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON ASSA Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY Advocate for the Respondent : SC, ELEM. EDU, Linked Case : WP(C)/2912/2024 DHIRU KALITA AND 9 ORS S/O- LATE NIRANJAN KALITA R/O- UJANPARA P.O.- SRIJANGRAM Page No.# 4/10 P.S.- ABHAYAPURI DISTRICT- BONGAIGAON ASSAM PIN- 783384. 2: PAPIA RANI SARKAR D/O- LATE BARENDRA KUMAR SARKAR R/O- KOKILA NAYAPARA P.O.- KOKILA P.S.- ABHAYAPURI DISTRICT- BONGAIGAON ASSAM PIN- 783392. 3: MANJUNARA KHATUN D/O- HABIBAR RAHMAN R/O- CHAKLA P.O.- CHAKLA P.S.- ABHAYAPURI DISTRICT- BONGAIGOAN ASSAM PIN- 783392. 4: AZIZUR RAHMAN S/O- LATE KUDRAT ALI R/O- SHIMLA BARI PART-I P.O.- RANGAPANI P.S.- MERERCHAR DISTRICT- BONGAIGAON ASSAM PIN- 783384. 5: ABDUL MOTALEB S/O- MOZIBAR RAHMAN R/O- PARERCHAR PART-II Page No.# 5/10 P.O.- LENGTISINGA P.S.- ABHAYAPURI DISTRICT- BONGAIGAON ASSAM PIN- 783384. 6: ROFIQUL ISLAM S/O- AZIM UDDIN R/O- KUSHBARI PART-I P.O.- KUSHBARI P.S.- MERERCHAR DISTRICT- BONGAIGAON ASSAM PIN- 783384. 7: MOFIDA KHATUN D/O- MOKBUL HUSSAIN R/O- TILAPARA P.O.- AMBARI DISTRICT- BONGAIGAON ASSAM PIN- 783384. 8: ABDUL BARIK D/O- LATE ABDUL KUDDUS SARKAR R/O- OUDUBI PART-II P.O.- KHELUAPARA P.S.- JOGIGHOPA DISTRICT- BONGAIGAON ASSAM PIN- 783371. 9: MOTIOR RAHMAN S/O- MOHAMMAD ALI Page No.# 6/10 R/O- KABAITARI PART-V P.O.- JOGIGHOPA P.S.- JOGIGHOPA DISTRICT- BONGAIGAON ASSAM PIN- 783382. 10: HARKUMAR DAS S/O- LATE GIRISH CHANDRA DAS R/O- VILL. KATASH BARI P.O.- NAYAGAON P.S.- JOGIGHOPA DISTRICT- BONGAIGAON ASSAM PIN- 783384. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM ELEMENTARY EDUCATION DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI ASSAM. PIN- 781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA GUWAHATI ASSAM PIN- 781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON ASSAM. ------------ Page No.# 7/10 Advocate for : MR S BORTHAKUR Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 19.12.2025 Heard Mr. S. Borthakur, learned counsel for the petitioners and Mr. B. Talukdar, learned standing Counsel for the Elementary Education Department. 2. In this petition, under Article 226 of the Constitution of India, the petitioners have challenged the order dated 30.01.2021, issued by the Director of Elementary Education. 3. Mr. Borthakur, learned counsel for the petitioners, submits that the petitioners were initially appointed as Assistant Teachers, in the year 1993 – 1994, in various Government Middle Schools of Bongaigaon district of Assam and after payment of salaries for 3 – 6 months, their salaries were stopped, as the petitioners along with many others were found to have been appointed against excess posts. But, the petitioners were never discharged from their services. Thereafter, by a series of orders, dated 30.01.2021, the petitioners were accommodated as Tutors, as per provisions of the Assam Education (Provincialisation of Services of Teachers and Re-organization of Educational Institutions) Act, 2017 (Act of 2017 hereinafter). Being aggrieved by such regularization as Tutors, instead of Teachers, they Page No.# 8/10 had approached this Court on the ground that their services could not have been accommodated as per provisions of the Act of 2017, because the said Act provides for provincialisation of services of teachers of venture educational institutions, whereas, the petitioners had been serving at Government Schools. Moreover, they have possessed all the necessary qualifications for appointment as teachers and therefore, they ought not to have been accommodated as Tutors, instead, they should have been accommodated as Teachers. Under such circumstances, the petitioners have approached this Court by filing the present petitions and that there are sufficient merits in these petitions and therefore, Mr. Borthakur has contended to allow these petitions. 4. Per-contra, Mr. Talukdar, learned standing counsel for the Elementary Education Department, pursuant to order of this Court, dated 10.12.2025, has obtained instructions on the letter dated 17.04.2024, and apprised this Court that the proposal, in connection with up-gradation of newly acommodated Tutors to Teachers, has already been submitted to the Government, vide letter, dated 25.06.2022. He also apprised this Court that additionally, a list of 54 numbers of newly accommodated Tutors, who had applied for up- gradation to Teachers, have also been submitted and during verification, it is found that all the petitioners herein, who had applied for up-gradation of their services from Tutors to Teachers are duly recorded therein and the same is under the process of Back Office Verification. Under such circumstances, Mr. Talukdar has contended that some time may be granted to the respondent authorities to Page No.# 9/10 complete the said process. 5. In reply, Mr. Borthakur, learned counsel for the petitioners submits that since the process has already been initiated by the respondent authorities for up-gradation of Tutors to Teachers, including the name of the petitioners herein, these writ petitions may be disposed of by directing the respondent authorities to complete the entire process within a definite time frame. 6. At this stage, Mr. Talukdar, learned standing Counsel for the Elementary Education Department, submits that he has no objection in the event of disposing of these petitions by directing the respondent authorities to complete the entire process in a time bound manner. However, Mr. Talukdar submits that the respondent authorities may be granted six months time to complete the same. 7. Accordingly, without adjudicating individual claims of the petitioners on merit, this Court is inclined to dispose of these petitions as agreed upon by learned counsel for both the parties and also taking note of their submissions of learned counsel for both the parties and also in view of the letter dated 18.12.2025, issued by the Director of Elementary Education, which has been placed before this Court today by Mr. Talukdar, by directing the respondent authorities to complete the entire process of up-gradation of the petitioners from Tutors to Teachers, within a period of 4 (four) months from the date of receipt of the certified copy of this order. 8. The petitioners shall obtain a certified copy of this order and place the same before the respondent authorities within a period of 1 (one) Page No.# 10/10 week from today. 9. The letter, so produced before this Court today by Mr. Talukdar, shall be marked as Annexure – B and tagged with the record. 10. The parties have to bear their own costs. JUDGE Comparing Assistant