Page No.# 1/4 GAHC010017312014 2026:GAU-AS:3290 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/509/2014 GELWINDRO MOMIN and ANR. S/O- LT. NEPAL SING MARAK, VILL.- KHERMOHORA, P.O.- TUKURA, DIST.- GOALPARA, ASSAM. 2: NIGARSTONE SANGMA S/O- LT. PREMETSON MARAK VILL.- NIAPOLI P.O.- BANDARSHI DIST.- GOALPARA ASSAM VERSUS ABDUR REZZAQUE and 7 ORS. DIST. ELEMENTARY EDUCATION OFFICER, GOALPARA, P.O. and DIST.- GOALPARA, ASSAM. 2:PINITSONE MARAK FORMER SECY. ANGOLAGURI GARO MEDIUM L.P. SCHOOL VILL.- ANGOLAGURI P.O.- TUKURA DIST.- GOALPARA ASSAM. 3:BRELIAN MOMIN FORMER PRESIDENT ANGOLAGURI GARO MEDIUM LP SCHOOL VILL.- ANGOLAGURI P.O.- TUKURA DIST.- GOALPARA ASSAM. 4:CREMLIA SANGMA SECY. ANGOLAGURI GARO MEDIUM LP SCHOOL VILL.- ANGOLAGURI Page No.# 2/4 P.O. TUKURA DIST.- GOALPARA ASSAM. 5:BOOKERSON MARAK PRESIDENT ANGOLAGURI GARO MEDIUM LP SCHOOL VILL.- ANGOLAGURI P.O. TUKURA DIST.- GOALPARA ASSAM. 6:SRI NRIPEN DAS DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA PO GOALPARA DIST. GOALPARA ASSAM. 7:SADULLAH KHAN DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA PO - GOALPARA DISTRICT - GOALPARA ASSAM. 8:ANUP KUMAR DAS DISTRICT ELEMENTARY EDUCATION OFFICER GOALPARA PO-GOALPARA DIST-GOALPARA ASSAM Advocate for the Petitioner : MR.M DUTTA, MR.M ISLAM,MR.N UDDIN Advocate for the Respondent : MR. P P BARUAH, MR.B CHOUDHURY(R-4),MR. K K DUTTA,MR. R MAZUMDAR, SC SEC. EDU BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 06-03-2026 1. Heard Mr. M. Dutta, learned counsel for the petitioners and Mr. B. Choudhury, learned counsel representing the respondent/contemnor No.4. Page No.# 3/4 2. Alleging willful and deliberate violation of this Court’s order dated 09.04.2014 passed in WP(C) No. 4733/2011, the present contempt petition is filed. 3. Challenge made in the aforenoted writ petition was against the action of the respondents therein in discharging 2 (two) petitioners from their respective posts of Assistant Teachers on 02.01.2009 in terms of the resolution passed by the School Managing Committee (SMC for short) replacing them by the respondent Nos. 8 & 9 therein, who were stated to be working since 03.01.2009 & 04.01.2009 respectively. Said discharge was made at the venture stage of school in question. 4. Taking note of the provisions of the Assam Non-Government Educational Institutions (Regularisation and Management) Act, 2006, this Court concluded that no employee of a Non-Government Educational Institution shall be terminated, amongst other, without reasonable opportunity of being heard and without the matter being referred to the Managing Committee for its consideration and approval. 5. The aforenoted writ petition was allowed by setting aside the appointments of the respondent Nos. 8 & 9 therein with a further direction to reinstate both the petitioners to the posts of Assistant Teachers in Angolguri Garo Medium L.P. School within a period of one month from the date of receipt of a copy of the aforesaid order. 6. As recorded hereinabove, said writ petition was filed in the year 2011 alleging action of the respondents therein pertaining to the year 2009. 7. It is brought on record by way of an affidavit filed by the respondent/contemnor No. 4 that during the pendency of said writ petition and prior to passing of the order dated 09.04.2014 (supra), the service of the Page No.# 4/4 respondent No. 4 was provincialised as Assistant Teacher in terms of the Assam Venture Educational Institution (Provincialisation of Services) Act, 2011, as amended in 2012. 8. Such fact was not brought before the Co-ordinate Bench in the proceeding of said writ petition or at the time of delivery of the order dated 09.04.2014 (supra). 9. Thus, what is seen is that the order dated 09.04.2014 (supra), cannot be complied at this stage. The Managing Committee of a provincialised school is not under duty to comply with the order inasmuch as the action challenged was of the Managing Committee of a Venture School, concerning teachers at the venture stage. However, during the pendency of the writ proceeding, the character of the school has been changed to a Government school led by Managing Committee constituted under the extant norms and the service of the respondent No.4 was provincialised. 10. Therefore, at this stage, the aforesaid order dated 09.04.2014 (supra), cannot be complied with. 11. Accordingly, the present contempt petition stands closed. JUDGE Comparing Assistant