Page No.# 1/13 GAHC010211022025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6346/2025 DIPANKAR BORA AND 10 ORS S/O LAATE BOGAI BORA, R/O VILL- KUERONI, P.O.- SIMEN CHAPORI, DIST- DHEMAJI, ASSAM, ASSISTANT TEACHER OF KUERONI L.P. SCHOOL, PIN-787061 2: SMTI. SUSHILA PEGU D/O GELA DOLEY R/O VILL- RUWAD DOLUNG P.O.- JONAI P.S.- JONAI DIST- DHEMAJI ASSAM ASSISTANT TEACHER OF NEPALI BASTI L.P. SCHOOL 3: JYOTISH SONOWAL S/O LATE KAMAL SONOWAL R/O VILL- BOLAIPAM P.O.- ROTANPUR P.S.- JONAI DISST- DHEMJAI ASSAM ASSISTANT TEACHER OF BERA CHAPORI L.P. SCHOOL 4: SUNIL PEGU S/O LATE MUSAI PEGU R/O MADHYASAKHIPUR P.O.- JUNEKARENG P.S.- JONAI DIST- DHEMAJI ASSAM ASSISTANT TEACHER OF MADHYASAKHIPUR L.P. SCHOOL 5: LOKHI KANTA BONIA S/O DEBEN BONIA Page No.# 2/13 R/O VILL- LUHIJANM HAJ GAON P.O.- RATANPUR DIST- DHEMAJI ASSAM ASSISTANT TEACHER OF PUB ROWN L.P. SCHOOL 6: SMTI DIPAMONI SONOWAL W/O SRI DIBYADHAR DEORI R/O VILL- AGAM DOLUNG P.O.- JONAI DIST- DHEMAJI ASSAM ASSISTANT TEACHER OF TORSING MILI L.P. SCHOOL 7: SMTI MINA PATIR DOLEY W/O SRI JUGAL DOLEY R/O VILL- NO. 2 SIRAM PURIA P.O.- JUNEKARENG DIST- DHEMAJI ASSAM ASSISTANT TEACHER OF NO. 2 SIRAM PURIA L.P. SCHOOL 8: MISS KAJALATA DOLEY D/O BHIMLAL DOLEY R/O VILL- KOMON SELEK P.O.- TELAM DIST- DHEMAJI ASSAM ASSISTANT TEACHER OF KOMON SELEK L.P. SCHOOL 9: HAREN BORUAH S/O RATNESWAR BORUAH R/O VILL- RANGPURIA P.O.- SIMENSAPORI DIST- DHEMAJI ASSAM ASSISTANT TEACHER OF 2 NO. RONGPURIA NAVOJAL L.P. SCHOOL 10: SMTI JUNU BORAH D/O GOLAP BARAH R/O VILL- NALINIPARA P.O.- RATANPUR DIST- DHEMAJI ASSAM ASSISTANT TEACHER OF MILAN L.P. SCHOOL DHEMAJI 11: SMTI. LAKHESWARI GOGOI Page No.# 3/13 D/O LARAM GOGOI R/O DHEMAJI ASSISTANT TEACHER OF PADMAPUR L.P. SCHOOL DHEMAJ VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY, GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, ASSAM, DISPUR, GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT ASSAM 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHEMAJI PIN-78705 Advocate for the Petitioner : MR. N BORAH, S K LAHAN Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE Linked Case : WP(C)/2912/2024 DHIRU KALITA AND 9 ORS S/O- LATE NIRANJAN KALITA R/O- UJANPARA P.O.- SRIJANGRAM P.S.- ABHAYAPURI DISTRICT- BONGAIGAON ASSAM PIN- 783384. Page No.# 4/13 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 P.O.- LENGTISINGA P.S.- ABHAYAPURI DISTRICT- BONGAIGAON ASSAM Page No.# 5/13 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 R/O- KABAITARI PART-V P.O.- JOGIGHOPA P.S.- JOGIGHOPA Page No.# 6/13 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. ------------ Advocate for : MR S BORTHAKUR Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 2 ORS Page No.# 7/13 Linked Case : 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 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 Page No.# 8/13 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 P.S.-ABHAYAPURI DIST- BONGAIGAON ASSAM PIN-783372 12: SMTI. HAIMA PATGIRI W/O SRI MONTU NATH R/O VILL- CHAKIHALI Page No.# 9/13 P.O.-CHAKIHALI P.S.-MANIKPUR DIST-BONGAIGAON ASSAM PIN-783392 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 ------------ Advocate for : MR S BORTHAKUR Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 2 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 29.07. 2026 Heard Mr. N. Borah learned counsel for the petitioners. Also heard Mr. B. Kaushik 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 Page No.# 10/13 of Elementary Education. 3. Mr. N. Borah, learned counsel for the petitioners, submits that the petitioners were initially appointed as Assistant Teachers of L.P. Schools as well as Middle Schools in different schools under the Jonai Sub-Division in the District of Dhemaji, Assam, in the year 1999 and in respect of Petitioner No. 11, she was appointed in the year 1989 and since then they are continuously discharging their duties without any break. Thereafter, the respondent authorities sought to terminate their services and then some of the present petitioners had preferred one writ petition, being WP(C) No. 6746/2001, and this Court vide order dated 20.09.2001, while issuing notice of motion was pleased to pass an interim order that the services of the petitioners therein shall not be disturbed. Thereafter, this Court vide order dated 25.09.2001, in the aforementioned writ petition, while the interim order dated 20.09.2001 was operating, was also pleased to pass an order that, if the petitioners therein have been duly appointed and have been discharging their duties, they shall be paid their pay and allowances forthwith and thereafter, the respondent authorities have released their salaries and the petitioners received their monthly salaries regularly till August, 2001. Thereafter, the respondent authorities again stopped releasing the monthly salaries of the petitioners from the month of August, 2001, without disclosing any reason. But, the petitioners have not been discharged from their services and they continued to serve in their respective schools and thereafter vide order dated 30.01.2021, the petitioners were accommodated as Tutors as per the provisions of the Assam Education (Provincialization of Services of Teachers and Re-organization of Educational Institutions) Act, 2017. Being aggrieved by such regularization as Tutors, instead Page No.# 11/13 of Teachers, they 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 provincialization 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 writ petition and that there are sufficient merits in this petition and therefore, Mr. N. Borah has contended to allow this writ petition. 4. Mr. N. Borah, learned counsel for the petitioner submits that the Deputy Inspector of Schools, Jonai vide Office Communication dated 19.06.2021 forwarded the names of the Petitioner No. 2 to District Elementary Education Officer, Dhemaji, who was appointed in the Tutor Category and having professional qualification in D.El.Ed. course long before the date of appointment as “Tutor” and have applied to the Deputy Inspector of Schools, Jonai for up- gradation of her posts to Regular Teacher category. The learned counsel for the petitioners also submits other petitioners also applied for up-gradation of their posts to regular teacher category and the same are also forwarded to the District Elementary Education Officer, Dhemaji for consideration, which is also stated in this writ petition (At Paragraph No. 11). The learned counsel for the petitioners also submits that the petitioners (except Petitioner No. 2) could not collect the office communication and thereby they are unable to annex the copies of the communication before this Hon’ble Court. Page No.# 12/13 5. The learned counsel for the petitioners submits that the Director, Elementary Education vide officer communication dated 18.02.2023 communicated to the Regional Director of National Institute of Open Schooling (NIOS), Guwahati for verification of authenticate/ genuineness of D.El.Ed Examination Marksheet and Certificate of Primary Teacher Training Certificates of some of the present writ petitioners who had applied for the post of regular teacher of L.P. Schools from “Tutor”. It is further submits that thereafter the National Institute of Open Schooling (NIOS) vide communication dated 02.03.2023 and 31.03.2023 informed the Directorate of Elementary Education, Assam about the authenticate/ genuineness of D.El.Ed. Examination Marksheet and Certificate of Primary Teacher Training Certificates of some of the present writ petitioners are verified and correct as per the records of the Institution. 6. Per contra, Mr. B. Kaushik, learned Standing Counsel for the Elementary Education Department submits that some time may be granted to the Respondent Authorities to complete the process of up-gradation of Tutors to Teacher of the newly accommodated Tutors, who had applied for such up- gradation after due verification of the credentials of each of the petitioners herein. 7. In reply, Mr. N. Borah, 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, this writ petition may be disposed of by directing the respondent authorities to complete the entire process within a definite time frame. Page No.# 13/13 8. At this stage, Mr. B. Kaushik, learned Standing Counsel for the Elementary Education Department, submits that the writ petition can be disposed of by directing the Respondent Authorities to complete the entire process in a time bound manner. However, Mr. B. Kaushik, learned Standing Counsel submits that the Respondent Authorities may be granted six months time to complete the same. 9. In view of the submissions made at the Bar, this Court is inclined to dispose of this writ petition as agreed upon by learned counsel for both the parties and also taking note of the submissions made by the learned counsel for both the parties, without adjudicating individual claims of the writ petitioners on merit this Court directs the Respondent Authorities to complete the entire process of up-gradation of the petitioners from Tutors to Teachers, subject to verification of the credentials and eligibility of each of the writ petitioners herein, within a period of 4 (four) months from the date of receipt of the certified copy of this order. 10. The petitioners shall obtain a certified copy of this order and place the same before the respondent authorities within a period of 1 (one) week from today. 11. The parties have to bear their own costs. JUDGE Comparing Assistant