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2026 DAILYLAW 2276 (GAU)

ALIM ARDUS RAHMAN AND ANR v. THE STATE OF ASSAM AND 3 ORS

WP(C)/4331/2025 · 2026-02-25

Nelson Sailo

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010166652025 2026:GAU-AS:2966 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4331/2025 ALIM ARDUS RAHMAN AND ANR S/O- LATE SOFIOR RAHMAN, VILL.- BANGALIPARA PART-I, P.O. AND P.S. BILASIPARA, DIST. DHUBRI, ASSAM 2: ABDUL JALIL AHMED S/O- ABDUL GAFUR AHMED VILL.- BANGALIPARA PART-II P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (SECONDARY), DISPUR, GUWAHATI-781006. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006. 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM-CUM- THE CHAIRMAN OF THE STATE LEVEL SCRUTINY COMMITTEE KAHILIPARA GUWAHATI-781019. 4:THE INSPECTOR OF SCHOOLS DHUBRI DISTRICT CIRCLE DHUBRI-CUM- THE MEMBER SECRETARY OF DISTRICT SCRUTINY COMMITTEE FOR SECONDARY EDUCATION DHUBRI Page No.# 2/3 P.O. AND DIST. DHUBRI ASSAM PIN- 783301 Advocate for the Petitioner : MR. D A KAIYUM, MR. M S MONDAL Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 26.02.2026 Heard Mr. D.A Kaiyum, learned counsel for the petitioners, who submits that the petitioners are before this Court for the second time. The earlier writ petition being WP(C) No.399/2024 was disposed of vide order dated 29.01.2024 by directing the respondent authorities to place the case of the petitioners before the State Level Scrutiny Committee (SLSC) for considering the provincialisation of their services within a time frame. Pursuant thereto, since the order was not complied with, the petitioners filed contempt case before this Court and during the pendency of the contempt petition, the respondent authorities passed an order dated 20.02.2025, by which the claim of the petitioners were rejected for want of resolution from the concerned District Scrutiny Committee. 2. Learned counsel for the petitioners however, contends that the petitioners were indeed recommended by the District Scrutiny Committee, which can be seen from Annexure-3 to the writ petition where the names of the petitioners are mentioned in the ninth column of the chart so prepared. Further, the same has also been admitted by the State Page No.# 3/3 respondents in their counter affidavit filed on 21.01.2026 in the instant writ petition by annexing the communication dated 26.06.2019 along with the chart containing the name of the petitioners. It therefore, appears that the District Scrutiny Committee, Dhubri in its meeting held on 06.09.2017 had duly recommended the names of the petitioners for provincialisation. Such being the case, the impugned order dated 20.02.2025 (annexure-10) is only misconceived and accordingly, the same is set aside. 3. The respondent authorities shall now place the case of the petitioners for consideration by the State Level Scrutiny Committee for considering their case for provincialisation. The respondent No.3 i.e. the Director of Secondary Education shall do the needful for placing the case of the petitioners before the State Level Scrutiny Committee. 4. Such consideration be done as expeditiously as possible and within the outer limit of eight weeks from the date of receipt of a certified copy of this order. 5. With the above observations and direction, the writ petition stands disposed of. JUDGE Comparing Assistant