Page No.# 1/4 GAHC010035342020 2026:GAU-AS:3868 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/108/2020 GERJAIPAM ADARSHA HIGH SCHOOL AND ANR. TO BE REP. BY ITS HEAD MASTER RANJIT DAS, VILL- GERJAIPAM, P.O. GERJAIPAM, DIST.- NAGAON, ASSAM 2: RANJIT DAS S/O- LT. RAMANI DAS A R/O- VILL- GERJAIPAM P.O. GERJAIPAM P.S. KACHUA DIST.- NAGAON ASSA VERSUS PROBIN CH. SARMA , AES-I INSPECTOR OF SCHOOLS, NAGAON DISTRICT CIRCLE, NAGAON, P.O. NAGAON, DIST.- NAGAON, PIN- 782001 Advocate for the Petitioner : MR A R BHUYAN, 0,MR. M A I HUSSAIN Advocate for the Respondent : MR. P K BORAH SC, EDUCATION DEPT., BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 13.03.2026 1. Heard Mr. M. A. I. Hussain, learned counsel for the petitioner. Page No.# 2/4 2. Alleging willful and deliberate violation of this Court’s order dated 11.11.2019 passed in WP(C) No. 8204/2019, the present contempt petition is filed. 3. Alleging inaction of the Inspector of Schools, Nagaon, in forwarding the application submitted by the petitioner School for provincialisation under the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017, the writ petition was filed. 4. This Court directed the respondent No. 4 i.e. the Inspector of Schools, Nagaon, to forward the application of the petitioner to the District Scrutiny Committee, Nagaon, as expeditiously possible subject to the condition that if there is any defect or deficiency in the application of the petitioner, same may be immediately informed to the petitioner so that such deficiency or defect can be rectified and application can be forwarded to the District Scrutiny Committee. 5. Mr. S. M. T. Chistie, learned counsel for the respondent, based on this Court’s earlier order dated 12.03.2026, completed his instruction and submits that there was a dispute as regards date of recognition of the School from the Board of Secondary Education, Assam. 6. The Assam Education (Provincialisation of Services of Teachers and Re- organisation of Educational Institutions) Act, 2017, mandates a cut-off date for recognition from SEBA for the purpose of regularization i.e. 01.01.2006. 7. Pursuant to certain decision as regards claim of different Schools, where such dispute of cut-off dates arose i.e. WP(C) No. 4464/2012 on Page No.# 3/4 20.09.2012 and WP(C) No. 4452/2012, WP(C) No. 4461/2012, WP(C) No. 4466/2012, WP(C) No. 4470/2012 all dated 20.09.2012, the Board of Secondary Education, Assam constituted a committee to scrutinized the relevant documents to ascertain the eligibility of the claims. 8. Accordingly, after hearing the concerned authorities, a speaking order was passed vide order dated 20th July, 2013 by the Secretary, Board of Secondary Education, Assam, wherein, the School in question i.e. Gerjaipam Adarsha H.S. School was also considered and it was concluded that the recommended date of recognition of the said School was 01.01.2005, which was issued on 20.07.2013. 9. However, according to Mr. Chistie, learned counsel for the respondent as The Assam Education (Provincialisation of Services of Teachers and Re- organisation of Educational Institutions) Act, 2017, prescribes a cut-off date of recognition is 01.01.2006 and order of recognition is required to be issued on or before 01.01.2006 and also mandates that any order issued with retrospective effect shall not be considered, the provincialisation of the School was not carried out. Therefore, in view of the aforesaid, it is clear that the School has not been provincialised. 10. Therefore, the order dated 11.11.2019 passed in WP(C) No. 8204/2019, cannot be complied with. Accordingly, the contempt petition stands closed. 11. It is needless to say that the petitioner shall be at liberty to approach the appropriate forum, if any grievance as regards non provincialisation of the School as well as the service of the teachers still remains. 12. The copy of the speaking order dated 20th July, 2013 passed by the Page No.# 4/4 Secretary, Board of Secondary Education, Assam is kept on record. JUDGE Comparing Assistant