Page No.# 1/9 GAHC010168372026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4295/2026 NURUL AMIN SON OF LATE JOBED ALI, RESIDENT OF VILLAGE AND PO LUCHANABORI PS MOIRABARI, DISTRICT MORIGAON, ASSAM PIN 782126 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, EDUCATION (ELEMENTARY) DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR GUWAHATI-781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM. KAHILIPARA GUWAHATI-781019 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER MORIGAON ASSAM. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER LAHARIGHAT MORIGAON ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER MAYONG MORIGAON ASSAM Advocate for the Petitioner : MR. M DUTTA, L DEKA,POOJA ROY Advocate for the Respondent : SC, ELEM. EDU, Page No.# 2/9 Linked Case : WP(C)/4301/2026 ABUL KALAM AZAD SON OF LATE NURUDDIN AHMED VILL. AND P.O. PAKILAMARI PATHAR P.S. BHURAGAON DISTRICT- MORIGAON ASSAM PIN- 782127. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY EDUCATION (ELEMENTARY) DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006. 2:DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER MORIGAON ASSAM 4:THE BLOCK ELEMENTARY EDUCATION OFFICER LAHARIGHAT MORIGAON ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER MAYONG MORIGAON ASSAM. ------------ Advocate for : MR. M DUTTA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS Page No.# 3/9 Linked Case : WP(C)/4320/2026 NURUL ISLAM SON OF ABED ALI RESIDENT OF VILLAGE MIKIRGAON PO KATHARI DISTRICT MORIGAON ASSAM PIN 782127 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY EDUCATION (ELEMENTARY) DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM. KAHILIPARA GUWAHATI-781019 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER MORIGAON ASSAM. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER LAHARIGHAT MORIGAON ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER BHURBONDA MORIGAON ASSAM. ------------ Advocate for : MR. M DUTTA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/4324/2026 NURUL AMIN SON OF ABDUL KHAIR MOHAMMED ALI Page No.# 4/9 VILL AND PO SAHARIAGAON PS MOIRABARI MORIGAON ASSAM PIN- 782127 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY EDUCATION (ELEMENTARY) DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM. KAHILIPARA GUWAHATI-781019 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER MORIGAON ASSAM. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER LAHORIGHAT MORIGAON ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER MAYONG MORIGAON ASSAM. ------------ Advocate for : MR. M DUTTA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS Linked Case : WP(C)/4323/2026 HABIBUR RAHMAN SON OF LATE ABDUL SALAM VILLAGE- CHENIMARI P.S. LAHARIGHAT DOSTRICT- MORIGAON ASSAM PIN -782127. Page No.# 5/9 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY EDUCATION (ELEMENTARY) DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM. KAHILIPARA GUWAHATI-781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER MORIGAON ASSAM. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER LAHORIGHAT MORIGAON ASSAM. 5:THE BLOCK ELEMENTARY EDUCATION OFFICER MAYONG MORIGAON ASSAM. ------------ Advocate for : MR. M DUTTA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 24/08/2026 Heard Mr. M Dutta, learned Senior counsel assisted by Mr. L Deka, learned counsel for the petitioners and Ms. S Chutia, learned Standing counsel, Elementary Education Department. Page No.# 6/9 2. Mr. Chinmoy Hazarika, Deputy Director to the Government of Assam, Elementary Education Department, in terms of the directions passed earlier by this Court, had appeared in person today. 3. In the above noted writ petitions, the petitioners are aggrieved by the impugned orders of transfer, issued by the Director of Elementary Education, Assam, transferring and posting them from the schools, they were so functioning to other schools within the same district, i.e., in the district of Morigaon. 4. The petitioner in WP(C) No. 4295/2026, while working as an Assistant Teacher in Dakhin Bahalarmukh L.P. School was vide order dated 01.08.2026, transferred and posted in the same capacity to No. 1 Gunamar L.P. School vice Barasha Bora. 5. The petitioner in WP(C) No. 4301/2026, while working as an Assistant Teacher in Falihamari Pather L.P. School was vide order dated 01.08.2026, transferred and posted in the same capacity to Bangor L.P. School vice Trishna Mazumdar. 6. The petitioner in WP(C) No. 4320/2026, while working as an Assistant Teacher in Paschim Chenimari L.P. School was vide order dated 02.08.2026, transferred and posted in the same capacity to Mahgrambori L.P. School vice Debananda Bordoloi. 7. The petitioner in WP(C) No. 4323/2026, while working as an Assistant Teacher in Dhumkura M.E. School was vide order dated 02.08.2026, transferred and posted in the same capacity to Borbori M.E. School vice Nikita Kalita. 8. The petitioner in WP(C) No. 4324/2026, while working as an Assistant Teacher in Lengribori L.P. School was vide order dated 01.08.2026, transferred and posted in the same capacity to Garumara Sanjukta Bahadalani L.P. School vice Ganapati Biswas. 9. The petitioners in the above noted writ petitions have projected that the said transfers effected in their respective cases, was so effected in clear violation of the provisions of the Assam Elementary and Secondary School Teachers’ (Regulation of Page No.# 7/9 Posting and Transfer) Act, 2020 (hereinafter, referred to as the Act of 2020). 10. It is projected that the said transfers were so effected by the Director, Elementary Education, Assam, without having the cases of the petitioners considered by the Competent Authority, in terms of the provisions of the Act of 2020. It is further projected that the Competent Authority, in terms of the provisions of the said Act of 2020, is the State Level Committee and/or the District Level Committee, as constituted in terms of the provisions of the said Act of 2020. Accordingly, the petitioners have submitted that the orders of their transfer, impugned in the above noted writ petitions would mandate an interference from this Court. 11. This Court vide order dated 20.08.2026, considering the provisions of the Act of 2020, as well as the non-disclosure in the impugned orders of transfer, of the compliance with the provisions of the said Act of 2020 and on the failure of the learned counsel appearing for the State respondent to furnish the requisite instructions, had required for the personal appearance of the Deputy Director to the Government of Assam, Elementary Education Department. 12. In terms of the directions passed, Mr. Chinmoy Hazarika, Deputy Director to the Government of Assam, Elementary Education Department is present. 13. During the interaction this Court had with Mr. Chinmoy Hazarika, he has submitted that there being an urgent necessity of a teacher in the schools to which the petitioners were so transferred, considering the interest of the students, therein, the petitioners came to be so transferred vide the orders, impugned in the above noted writ petitions. He, however, has fairly submitted that while issuing the said orders, impugned in the above noted writ petitions, the provisions of the Act of 2020 was not complied with. However, he submits that the said orders of transfer was so issued in public interest and also in the interest of the students of the respective schools to which the petitioners, in the above noted writ petitions, were so Page No.# 8/9 transferred. 14. I have heard the learned counsel for the parties and also perused the materials available on record. 15. While not disputing the submissions made by Mr. Chinmoy Hazarika, Deputy Director to the Government of Assam, Elementary Education Department that the transfers of the petitioners were so effected, in view of the administrative exigency arising in the matter and the requirement of having a teacher posted to the schools, wherein, the petitioners were so transferred and posted, this Court finds that the transfers and posting of the teachers in the Elementary and Secondary Schools is governed by the provisions of the Assam Elementary and Secondary School Teachers’ (Regulation of Posting and Transfer) Act, 2020. In terms of the provisions of the said Act for the purpose of effecting transfers to maintain PTR norms and/or for any other purpose, such transfers are to be so recommended, when it is within the district concerned by the District Level Committee, so constituted in terms of the provisions of Sub Section (5) of Section 5 of the said Act of 2020. 16. It is found by this Court that it is only after the recommendation is made by the District Level Committee, which is reckoned as the Competent Authority, under the provisions of the Act of 2020, that it would be permissible for the Appointing Authority to effect such transfers. 17. It is to be noted that when a teacher is sought to be transferred on the grounds as set out in the Act of 2020, outside the District, wherein, he is so posted, such transfers is to be first considered and recommended by the State Level Committee as constituted under the provisions of Sub Section (2) of Section 5 of the Act of 2020. 18. In view of the submissions made by Mr. Chinmoy Hazarika, Deputy Director to the Government of Assam, Elementary Education Department and noticed Page No.# 9/9 hereinabove, the provisions of the Act of 2020, having not been complied with, this Court is of the considered view that the orders of transfer as impugned in the above noted writ petitions, would not be sustainable. 19. Accordingly, the orders of transfer in respect of each of the petitioners involved in the above noted writ petitions stand set aside. However, the interference made by this Court with the impugned orders of transfer being only on technicality, i.e., non- compliance of the provisions of the Act of 2020, it would be open to the respondent authorities, if the necessity so arises, to effect transfers even in respect of the petitioners in the above noted writ petitions. However, such transfers shall be so effected only after a strict compliance is made with the provisions of the Act of 2020. 20. The personal appearance of Mr. Chinmoy Hazarika, Deputy Director to the Government of Assam, Elementary Education Department is dispensed with. 21. With the above observations and directions, the above noted writ petitions stands disposed of. JUDGE Comparing Assistant