Page No.# 1/4 GAHC010254872025 2025:GAU-AS:16894 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6524/2025 LOKENDRA CHUTIA AND 11 ORS. TUTOR, MAZDUR JANAJATI M.. SCHOOL, BORBAM GRANT P.O- AMGURI PIN-785681 DIST- SIVASAGAR, ASSAM 2: PARAN LAHON TUTOR 199 NO. RATANPURIA L.P. SCHOOL P.O- MORABAZAR PIN-785680 DISTRICT- SIVASAGAR ASSAM 3: SK ESAD ALI HEADMASTER/TUTOR LACHANGAON L.P. SCHOOL P.O- DEHINGMUKH PIN-785671 DISTRICT- SIVASAGAR ASSAM 4: DILIP BARUAH HEADMASTER/TUTOR NABARIDHAP L.P. SCHOOL BOGDAI GAON P.O- SANTAK PIN-785687 DISTRICT-SIVASAGAR ASSAM 5: GITANJALI KONWAR TUTOR BAKATA JOYA M.E. SCHOOL P.O.- SANTAK PIN-785687 DISTRICT- SIVASAGAR ASSAM 6: NAMITA BHARALI TUTOR 220 NO. KOMOLDOI SUKANPUKHURI L.P. SCHOOL DEMOW CHARIALI P.O- DEMOW PIN-785662 9. DISTRICT- SIVASAGAR ASSAM Page No.# 2/4 7: RAJIB BORGOHAIN TUTOR 1064 NO. MADURI JOYA L.P. SCHOOL P.O.- MADURI PIN-785685 DISTRICT- SIVASAGAR ASSAM 8: TILOK BORGOHAIN TUTOR LACHAGAON L.P. SCHOOL P.O- DEHINGMUKH PIN- 785671 DISTRICT- SIVASAGAR ASSAM 9: NIPEN PHUKAN TUTOR AMGURI BAGICHA L.P. SCHOOL P.O- HALOWATING GRANT PIN- 785681 DISTRICT- SIVASAGAR ASSAM 10: MALOBIKA NEOG TUTOR PENGERA M.V. SCHOOL P.O. AMGURI PIN- 785680 DISTRICT- SIVASAGAR ASSAM 11: BIJOY BORA TUTOR DHUNIA GAON L.P. SCHOOL P.O- AMGURI PIN-785680 DISTRICT- SIVASAGAR ASSAM 12: APARAJITA CHETIA TUTOR MADHUPUR L.P. SCHOOL P.O- DEMOW PIN-785662 DISTRICT- SIVASAGAR ASSA VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE SECRETARY, TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE SECRETARY TO THE GOVT OF ASSAM EDUCATION DEPARTMENT DISPUR GUWAHATI-781006. 3:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA Page No.# 3/4 GUWAHATI-781019. 4:THE INSPECTOR OF SCHOOLS SIVASAGAR DISTRICT CIRCLE SIVASAGAR ASSAM PIN- 785640. 5:DISTRICT ELEMENTARY OFFICER SIVASAGAR PIN- 785640 Advocate for the Petitioner : MR. A DAS, MR. S. CHAMLAGAIN,MR. T SARMA,MR. N I KHAN,MS. M BORDOLOI Advocate for the Respondent : SC, ELEM. EDU, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 08.12.2025 Heard Ms. M. Bordoloi, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned Standing Counsel, Elementary Education Department appearing for the respondents. 2. The grievance of the petitioners in this petition is for a direction to the respondent authorities to provide regular scale of pay to the tutors, who have been provincialised in the provincialised schools. 3. It is stated at the Bar that the judgment of the Division Bench dated 04.10.2024 in the case of Mohor Ali Sheikh & Ors., -vs- The State of Assam & Ors., reported in 2024 5 GLT 689 will cover the case of the petitioners, and therefore, this petition may be disposed of in terms of paragraph 179 of the said judgment. Relevant paragraph 179 is reproduced herein below:- “179. It is true that the courts cannot direct the legislature to enact law in a particular manner. However, in discharge of its statutory obligation the Government, in exercise of its Rule making power, will have a duty to frame Rules for proper implementation of the provisions of the Statute. While framing the Rules, the State will also be under a bounden duty to, not only to act in terms of the scheme of the Act but also to unflinchingly adhere to the Constitutional norms of equality. It will, therefore, be in the fitness of things that the State Government itself, in exercise of its Rule making power under section 23 of the Act, takes necessary steps to provide for a Page No.# 4/4 regular pay scale to the Tutors, which can even be commensurate to the pay structure indicated in the Schedule of the Governing Act. Such a measure, in our view, will restore the equality of treatment to this category of Teachers with the other Government employees and at the same time will not become burdensome to the exchequer. We, therefore, direct the respondents to initiate necessary steps in the matter, in the light of the observations made here-in-above, as expeditiously as possible, preferably within a period of 6 (six) months from today.” 4. On perusal of the above judgment, I am of the view that the case of the petitioners herein, would be covered by the said judgment as the petitioners, prima facie, appear to be similarly situated persons, with that of the petitioners in the above case. Thus, I am of the considered view that similar relief is deserved to be granted to the petitioners. 5. Accordingly, as agreed to by the learned counsel for the parties, this petition is disposed of with a direction to the State respondents to make a verification of the provincialisation orders of the petitioners and if they find that petitioners’ case and the case of the petitioners in Mohor Ali Sheikh (supra) is similar, direction passed in paragraph 179 of the judgment and order dated 04.10.2024 shall be made applicable to the present petitioners. 7. The petitioners are also directed to file individual representations before the Secretary, Department of School Education, Assam within a period of 15 (fifteen) days from today and thereafter, the respondents shall consider and dispose of the representations that would be filed by the petitioners in terms of the above direction. 8. The entire exercise shall be completed within a period of 6 (six) months from the date of receipt of the certified copy of this order. 9. Writ petition stands disposed of. JUDGE Comparing Assistant