Page No.# 1/5 GAHC010059332025 2025:GAU-AS:12613 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1619/2025 DIMBA HAZARIKA S/O- LATE PHANIDHAR HAZARIKA R/O- VILL.- RAIDONGIA P.O. RAIDONGIA DIST. LAKHIMPUR ASSAM PIN- 784164. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR GUWAHATI-06. 2:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI-19 DIST. KAMRUP METRO ASSAM 3:THE INSPECTOR OF SCHOOLS LAKHIMPUR NORTH LAKHIMPUR ASSAM PIN- 787001. 4:THE DISTRICT COMMISSIONER LAKHIMPUR Page No.# 2/5 NORTH LAKHIMPUR ASSAM PIN- 787001. ------------ Advocate for : MR. P MAHANTA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 15.09.2025 Heard Ms. P Saharia, learned counsel for the petitioner. Also heard Ms. D Mushahary, learned Standing counsel, Secondary Education Department as well as Ms. K Phukan, learned Government Advocate for the respondents. 2. By way of this instant petition under Article 226 of the Constitution of India, the petitioner is seeking provincialisation of his service as Assistant Teacher at Rajgarh Senior Secondary School, North Lakhimpur, under the Assam Education (Provincialisation of Services of Teachers’ and Re-organization of Educational Institutions), Act, 2017 w.e.f. 01.01.2013 against the allotted post created vide Govt. letter No. ASE.86/2013/Pt-II/299 dated 25.07.2013 along with other Assistant Teachers of the petitioner’s school, who were provincialised by the respondent No. 2 vide order dated 20.08.2013. 3. Today when the matter is called, Ms. D Mushahary, learned Standing counsel, Secondary Education Department placed the instruction dated 15.09.2025 received from the Office of the Secretary to the Government of Assam, Department of School Education, Dispur, Guwahati-6, wherein it has been stated that the case of the petitioner shall be placed in the next joint sitting of the Department of School Education and Finance Department for deliberation of provincialisation proposal and that the same is scheduled to be held on 20.09.2025. Page No.# 3/5 4. Ms. P Saharia, learned counsel for the petitioner submits that a Co-ordinate Bench of this Court in WP(C) No. 2387/2025, by order dated 29.08.2025 disposed of the said writ petition filed by similarly situated petitioners, directing the respondent authorities to provincialise the services of the petitioners therein within a period of 4 (four) months from the date of the order in view of the approval given by the State Level Scrutiny Committee. She accordingly, submits that similar direction may be given in the instant writ petition, to which Ms. D Mushahary, learned Standing counsel, Secondary Education Department submits that she has no objection, if the instant writ petition is similarly disposed of. 5. It appears that the case of the petitioner along with 62 others similarly situated candidates has been already examined and is now scheduled to be placed in the next joint sitting of the Department of School Education and Finance Department for deliberation of provincialisation proposal thereof. 6. Apt to refer to the instruction dated 15.09.2025 placed before the Court today by Ms. D Mushahary, learned Standing counsel, Secondary Education Department, which reads as hereunder – “GOVERNMENT OF ASSAM DEPARTMENT OF SCHOOL EDUCATION DISPUR, GUWAHATI-06 No.Ε.233185/247 From The Secretary to the Govt. of Assam Department of School Education Dispur Guwahati-6 To The Ld. Sr Standing Counsel, Department of School Education, Gauhati High Court, Guwahati-01 Sub :WP(C)No. 1616/2025 filed by Ajit Payeng-vs- the State of Assam). Page No.# 4/5 Ref :Govt. letter No.348896/777 dated 12/07/2025 Sir With reference to the subject cited above, I am directed to inform that the detailed reports on the candidates as submitted by the respective District Commissioners were consolidated by the DSE and submitted vide No.348896/777 dated 12/07/2025 with 63 nos of incumbents with the name of the petitioner mentioned at S1.54 in the consolidated report. The reports had been examined and in compliance to the Order of the Hon'ble Court the matter has been scheduled to be placed in the next Joint Sitting of Department of School Education and Finance Department for deliberation on Provincialisation proposals. It has been scheduled on 20 September, 2025. Therefore, it is most kindly requested that necessary steps may be taken, as deemed fit and proper, in regard to WP© No.1616/2025. It may also kindly be noted that the matter is scheduled to be listed today (i.e, on 15.09.2025) Yours faithfully, Digitally signed by Shah Nawaz Chowdhury Date: 15-09-2025 Secretly to the Govt. of Assam Department of School Education. Memo No.E.233185/247-A Copy for information: 1 The Director of Secondary Education, Kahilipara, Guwahati-19. 2 PS to Secretary to the Govt of Assam, Department of School Education, Dispur, Guwahati-06. 3. The legal consultant for record. (E-signed) Secretary to the Govt. of Assam Department of School Education, Page No.# 5/5 Janata Bhawan, Dispur, Guwahati-6.” 7. Reading of the above instruction, it is apparent that the said meeting for deliberation of provincialisation proposal including the case of the petitioner is scheduled on 20.09.2025. 8. I am thus of the considered view that in view of the consensus arrived at between the parties and considering that the case of the petitioner has already been examined in compliance of earlier orders passed by this Court and now the matter is scheduled to be placed in the next joint sitting of the Department of School Education and Finance Department, this Court deems it appropriate in the interest of justice to dispose of the instant writ petition in terms of the direction given by the Co-ordinate Bench of this Court in WP(C) No. 2387/2025. It is accordingly directed that the respondent authorities shall consider the service of the petitioner for provincialisation after completion of the necessary verification in accordance with law, within a period of 2 (two) months from the date of receipt of certified copy of this order. 9. With the above observation and direction, this writ petition, stands disposed of. JUDGE Comparing Assistant