Page No.# 1/4 GAHC010138472025 2026:GAU-AS:4578 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3650/2025 ANUWAR HUSSAIN S/O- LATE ALI HUSSAIN, VILL.- BAMUNDONGRA, P.O. HABIDONGRA, P.S. BAGHBAR, DIST. BARPETA, ASSAM, PIN- 781308. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO) BARPETA DISTRICT PIN- 781301. 4:THE BLOCK ELEMENTARY EDUCATION OFFICER MANDIA BARPETA DISTRICT PIN- 781302. 5:THE DISTRICT SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER BARPETA DISTRICT PIN- 781302. 6:THE STATE LEVEL SCRUTINY COMMITTEE Page No.# 2/4 REPRESENTED BY ITS CHAIRMAN CUM DEE ASSAM GUWAHATI PIN- 781019 Advocate for the Petitioner : MR. A DEKA, Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 31.03.2026 Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department. [2.] This Court on 26.06.2025 passed the following order: “Heard Mr. A. Deka, learned counsel for the petitioner, who submits that this is the second time the petitioner is before this Court. The first writ petition being WP(C) No. 7987/2022 was disposed of vide Order dated 12.12.2022 by directing the petitioner to file a statutory appeal before the Director of Elementary Education for provincialization of his services. Pursuant thereto, the petitioner’s case was taken up by the District Scrutiny Committee, Barpeta, which held its meeting on 19.01.2024 and the finding was that the name of one Ali Hussain was wrongly included by the Headmaster of the School instead of the petitioner. Therefore, the recommendation made in favor of Ali Hussain was withdrawn and instead, the petitioner was recommended for provincialization of his service. Despite the same, since the case of the petitioner has not been considered by the State Level Scrutiny Committee as required under the Assam Education (Provincialization of Services of Non-Teaching Staff of Venture Educational Institutions) Act, 2018 and as required to be constituted under the Assam Education (Provincialization of Services of Teachers and Re-Organization of Educational Institutions) Act, 2017, the petitioner is before this Court. Page No.# 3/4 In view of above, issue notice of motion returnable by three (3) weeks. Ms. S. Chutia, learned Standing Counsel, Elementary Education Department accepts notice on behalf of the respondent Nos. 1, 2, 3, 4 & 6. Ms. D.D. Barman, learned Addl. Senior Govt. Advocate accepts notice on behalf of the respondent No. 5. As such, notice is complete upon the respondents. Petitioner shall serve requisite extra copies of the writ petition to the learned counsels appearing for the respondents today. List the matter again on 06.08.2025. On the next date, the learned Standing Counsel, Elementary Education and the learned Addl. Senior Govt. Advocate shall obtain instructions and inform the Court as to whether the case of the petitioner has been placed and considered by the State Level Scrutiny Committee.” [3.] As may be noted from the above abstract that this is the second time, the petitioner is before this Court and that a recommendation have been made in his favour by the District Scrutiny Committee which held its meeting on 19.01.2024. However, it is the case of the petitioner that despite the same, the matter has not been placed before the State Level Scrutiny Committee for further necessary action. This Court therefore on 26.06.2025 directed the learned Standing Counsel, Elementary Education Department and the learned Addl. Senior Govt. Advocate to obtain instructions as to whether the case of the petitioner has been placed before the State Level Scrutiny Committee or not. Today, Mr. P. K. Bora, learned Standing Counsel, Elementary Education Department submits that he has not received instructions yet and therefore, he may be given some more time. However, considering the issue, this Court is inclined to dispose of the writ petition by directing the respondent authorities concerned to place the case of the petitioner before the State Level Scrutiny Committee within a period of 3(three) weeks from the date of receipt of a certified copy of this order in view of the recommendation made by the District Scrutiny Committee, Barpeta on 19.01.2024, if the same has not been already Page No.# 4/4 placed in the meantime and the State Level Scrutiny Committee shall take a decision by passing a speaking order within 4(four) weeks from the date when the matter is placed before it. A copy of the speaking order to be passed shall be furnished to the petitioner. Depending on the decision arrived at by the State Level Scrutiny Committee, necessary follow up steps be taken without delay with an intimation to the petitioner. [4.] With the above observations and direction, the writ petition stands disposed of. JUDGE Comparing Assistant