Page No.# 1/4 GAHC010182392025 2025:GAU-AS:14932 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4940/2025 HABIA KHATUN AND ORS W/O- JOYNAL ABEDIN 2: AHMED ALI MONDAL S/O-IMAN ALI MONDAL 3: ALEYA PARVIN MONDAL D/O- IMAN ALI MONDAL ALL ARE R/O- VILL- MAYER CHAR PT- VII P.O- NAYER ALGA P.S- BILASIPARA DIST.- DHUBRI ASSAM PIN-78334 VERSUS THE STATE OF ASSAM AND ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06, ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06 ASSAM 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE CHAIRMAN Page No.# 2/4 STATE LEVEL SCRUTINY COMMITTEE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT . OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI-06 5:THE MEMBER SECRETARY STATE LEVEL SCRUTINY COMMITTEE ASSAM DISPUR GUWAHATI-06 6:THE CHAIRMAN DISTRICT LEVEL SCRUTINY COMMITTEE REP. BY THE DISTRICT COMMISSIONER DHUBRI ASSAM PIN-783301 7:THE MEMBER SECRETARY DISTRICT LEVEL SCRUTINY COMMITTEE REP. BY THE INSPECTOR OF SCHOOLS DDC DHUBRI PIN-78330 Advocate for the Petitioner : A A AHMED, MR K ISLAM,MD. I H KHAN,MS. N NASRIN,MR. M U MONDAL Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 06.11.2025 Heard Mr. M. U. Mondal, learned counsel for the petitioners and Ms. P. Das, learned Standing Counsel for the respondents in Secondary Education Department. Also heard Ms. D. D. Barman, learned Additional Senior Government Advocate for the respondent Nos. 1& 6. Page No.# 3/4 2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for issuing direction to the respondent authorities, more particularly to respondent No. 1, to provincialise the services of the petitioners, by placing the recommendation of the District Scrutiny Committee of 2019 before the State Level Scrutiny Committee, Assam, for the purpose of provincialisation of services of the petitioners as Assistant Teacher Hindi, A/T Music and A/T Craft, at Noser Mondal Memorial High Madrassa, District-Dhubri. 3. Mr. Mondal, learned counsel for the petitioners submits that the petitioner Nos. 1, 2 & 3 have been serving as Hindi Teacher, Music Teacher and Craft Teacher, respectively, at Noser Mondal Memorial High Madrassa, Dhubri, w.e.f. 08.08.2001, 01.01.2005 and 02.01.2005, respectively. 3.1 Mr. Mondal, further submits that the petitioners were eligible and qualified at the time of their appointment, under the provision of the Act and Rules and vide recommendation of the District Scrutiny Committee, dated 16.02.2019, the names of all the Teaching and Non-teaching staff of the Madrassa have been recommended for provincialisation as Tutors. But, the name of the petitioners have not yet been recommended and being aggrieved, the petitioners had preferred an appeal before the State Level Scrutiny Committee on 17.12.2021, but the same failed to evoke any response from the respondent authorities and as such, Mr. Mondal submits that this petition may be disposed of by directing the State Level Scrutiny Committee to dispose of the appeal filed by the petitioners, dated 17.12.2021. 4. Ms. P. Das, learned Standing Counsel for the respondents in Secondary Education Department submits that she has received instruction and as per the said instruction, the provincialisation of service of the petitioners is not permissible under the Assam Education (Provincialisation of Services of Teachers Page No.# 4/4 and Re-Organisation of Educational Institutions) Act, 2017, as amended in 2018. However, she submits that she has no objection if this writ petition is disposed of by directing the respondent Nos. 2 & 3 to dispose of the representation, dated 17.12.2021, by passing one speaking order. 5. Accordingly, taking note of the submissions of the learned counsel for both the parties, this Court is inclined to dispose of this petition by directing the respondent Nos. 2 & 3 to dispose of the appeal that was filed by the petitioners on 17.12.2021, by passing one speaking order. 6. The aforementioned exercise has to be carried out within a period of 2 months from the date of receipt of certified copy of this order. 7. The petitioners shall obtain a certified copy of this order and place the same before the respondent Nos. 2 & 3, within a period of one week from today. 8. In terms of the above, this petition stands disposed of. JUDGE Comparing Assistant