Page No.# 1/4 GAHC010022412025 2025:GAU-AS:1209 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/607/2025 PARAMESWAR BORO S/O- LATE FULEN BORO, VILLAGE- DABOLIGAON, P.O- KAKARAGAON, P.S- KAJALGAON, DIST- CHIRANG, ASSAM, PIN-783372 VERSUS THE STATE OF ASSAM REP BY THE SECRETARY TO GOVT OF ASSAM, DEPT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-06 2:THE SECRETARY EDUCATION BTC KOKRAJHAR ASSAM PIN-783370 3:THE DIRECTOR OF EDUCATION BTC KOKRAJHAR ASSAM PIN-783370 4:THE DISTRICT COMMISSIONER CHIRANG KAJALGAON DIST- CHIRANG ASSAM PIN-783385 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER CHIRANG Page No.# 2/4 KAJALGAON DIST- CHIRANG ASSAM PIN-78338 Advocate for the Petitioner : PUJA GHOSH, MR J ABEDIN,MR. A M AHMED,B DAS Advocate for the Respondent : SC, SEC. EDU., SC. BTC,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 06-02-2025 Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. AM Ahmed, learned counsel for the petitioner, who submits that the petitioner has been an Assistant Teacher in Gossaigaon Sr. Basic School since 07.03.2020. However, the petitioner has suddenly been transferred vide order dated 27.01.2025 to the DWIGUDUNG L.P. School, which is 50 – 52 kms. away from his house. As the petitioner is a single father, he has to take care of his minor daughter aged about 12 years and also his 70 year old mother. 2. The petitioner’s counsel submits that the petitioner has been transferred three times during his service career in the name of rationalisation and in terms of the guidelines for rationalisation of posts of teachers provided in the Office Memorandum dated 05.05.2023 issued by the Government of Assam, Department of School Education, Janata Bhaban, while rationalising in a particular teacher category subject wise, the most junior teacher in terms of tenure is to be transferred first. He submits that as the petitioner is the 7th senior most teacher amongst the 14 working teachers in the said School, the petitioner could not have been transferred, without all his juniors being Page No.# 3/4 transferred first. He also submits that the petitioner’s representation dated 30.01.2025 submitted to the respondent No. 5 has not been decided till date. 3. Mr. B Choudhury, learned counsel for the respondent Nos. 2, 3 & 5, Mr. PK Borah, learned counsel for the respondent No. 1 and Mr. P Saikia, learned counsel for the respondent No. 4 submit that the petitioner was amongst the 38 Upper Primary School Assistant Teachers, who had been rationalised (transferred) and posted under the Rationalisation of Teacher, 2024 as per the Right to Education Act, 2009. As such, the transfer order may not be interfered with. 4. The petitioner’s case is that he is the 7th senior most teacher of the School and in terms of Clause XIX of the Office Memorandum dated 05.05.2023, the most junior teacher in terms of tenure in service has to be transferred first. The rationalizing was however to be done in case of particular teacher subject wise. Clause XIX of the Office Memorandum dated 05.05.2013 is reproduced herein below:- “XIX. While rationalising in a particular teacher category subject-wise, the most junior teacher in terms of tenure in service shall be transferred first”. 5. The issue of whether Clause XIX of the Office Memorandum dated 05.05.2053 is applicable to the petitioner’s case will have to be decided. As the petitioner’s representation dated 30.01.2025 has made no mention of Clause XIX of the Office Memorandum dated 05.05.2023, this Court is of the view that the petitioner should submit a fresh representation to the Director of Education, Bodoland Territorial Council (BTC)/respondent No. 3, with regard to his grievance against the impugned transfer order dated 27.01.2025. 6. Accordingly, the petitioner is given the liberty to submit a representation to Page No.# 4/4 the Director of Education, Bodoland Territorial Council (BTC) on or before 10.02.2025 regarding his grievance. The Director of Education, Bodoland Territorial Council (BTC) shall thereafter take a decision on the petitioner’s representation, within a further period of 1 (one) week thereafter. Till a decision is taken by the Director of Education, Bodoland Territorial Council (BTC), the impugned transfer order dated 27.01.2025, in so far it relates to the petitioner, shall not be acted upon. 7. The writ petition is disposed of accordingly. JUDGE Comparing Assistant