Page No.# 1/6 GAHC010225842021 2026:GAU-AS:4644 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/11/2022 KESHAB CHANDRA DEKA (ASSISTANT TEACHER OF PARIAPARA M.E. SCHOOL), S/O LATE PADU RAM DEKA, R/O VILL- PARIAPARA, P.O.-BHURARGARH, P.S.-MANGALDOI, DIST- DARRANG, ASSAM, PIN-784147 VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE STATE LEVEL SCRUTINY COMMITTEE ELEMENTARY EDUCATION REPRESENTED BY ITS CHAIRMAN THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 DIST- KAMRUP(M) ASSAM 4:THE SARBA SIKSHA ABHIJAN ASSAM REPRESENTED BY ITS DIRECTOR SSA ASSAM KAHILIPARA Page No.# 2/6 GUWAHATI-19 DIST- KAMRUP(M) ASSAM 5:THE DISTRICT SCRUTINY COMMITTEE DARRANG DISTRICT ASSAM REPRESENTED BY THE CHAIRMAN OF THE COMMITTEE ADDITIONAL DEPUTY COMMISSIONER DARRANG P.O. AND P.S.-MANGALDOI DIST- DARRANG ASSAM PIN-784125 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER DARRANG P.O. AND P.S.-MANGALDOI DIST- DARRANG ASSAM PIN-784125 7:THE PARIAPARA M.E. SCHOOL P.O.-BHURARGARH P.S.-MANGALDOI DIST- DARRANG ASSAM REPRESENTED BY ITS HEADMASTER-CUM-SECRETARY NAMELY MD. AZMAL HUSSAIN S/O LATE AYEZUDDIN ALI. R/O VILL- PARIAPARA P.O.-BHURARGARH P.S.-MANGALDOI DIST- DARRANG ASSAM PIN-784147 8:MD. AZMAL HUSSAIN S/O LATE AYEZUDDIN ALI R/O VILL-PARIAPARA P.O.-BHURARGARH P.S.-MANGALDOI DIST-DARRANG ASSAM PIN-784147 9:MD. RAKIBOR HUSSAIN S/O LATE MONIRUDDIN AHMED R/O VILL-PARIAPARA P.O.-BHURARGARH Page No.# 3/6 P.S.-MANGALDOI DIST-DARRANG ASSAM PIN-78414 Advocate for the Petitioner : MR R S CHAUHAN, MISS. M DAS Advocate for the Respondent : SC, ELEM. EDU, MR C GOSWAMI,MR. Y DOLOI,GA, ASSAM,SC, SSA BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 01.04.2026 Heard Mr. R. S. Chauhan, learned counsel for the petitioner. Also heard Mr. P. N. Sarma, learned Standing Counsel, Elementary Education Department, for respondent Nos. 1, 2 & 3; Mr. B. Choudhury, learned Standing Counsel, SSA, for respondent No. 4; Ms. S. Konwar, learned State Counsel for respondent No. 5; and Mr. C. Goswami, learned counsel for respondent Nos. 8 & 9. 2. Challenge made in this writ petition is to the order dated 05.02.2021, passed by the Director, Elementary Education, Assam, whereby the services of respondent Nos. 8 & 9, namely, Md. Azmal Hussain and Md. Rakibor Hussain, have been provincialised as Social Science and Language Teacher in Pariapara M.E. School in the District of Darrang. 3. The case, in brief, is that the petitioner was appointed as Assistant Teacher in Pariapara M.E. School on 01.01.1994. In the DISE Code records for the year 2010-11, the name of the petitioner appears at Serial No. 2, whereas the name Page No.# 4/6 of the respondent No. 9 appears at Serial No. 3. Similarly, in the DISE Code records for the year 2017-18, under Column No. 2 relating to Teachers and Instructors, the petitioner’s name is shown at Serial No. 2. However, in the said DISE record of 2017-18, the petitioner’s subject, which was initially recorded as Assamese (Language), was subsequently altered by way of overwriting to “English”, allegedly in collusion with the staff of the District Scrutiny Committee. 4. It is the contention of the petitioner that he has been consistently teaching Assamese language since the date of his joining and has never been appointed to teach English subject. However, the respondent authorities, more particularly, the respondent Nos. 7, in alleged collusion with the District Scrutiny Committee, forwarded the names of Md. Azmal Hussain (respondent No. 8), Rakibor Hussain (respondent No. 9) and one Mukunda Sarma to the State Scrutiny Committee for provincialization of their services, excluding the petitioner. Consequently, the respondent authorities illegally granted the benefit of provincialisation to said persons, who are junior to the petitioner, by changing the subject from Assamese and English in respect of the respondent No. 8 and the petitioner by overwriting in the list of Teachers and Instructors. 5. Subsequently, in a General Meeting held on 13.02.2021 in Pariapara M.E. School, a resolution was adopted to take necessary steps for provincialisation of the petitioner’s service. Thereafter, the petitioner preferred an appeal under Section 14 of the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 before the Director of Elementary Education, Assam, seeking an enquiry into the matter and for grant of provincialisation of his service as Assistant Teacher. The petitioner also submitted a separate application dated 05.04.2021 before the respondent No. 1 Page No.# 5/6 with a similar prayer. However, no action has been taken till date. Hence, this writ petition. 6. Mr. R. S. Chauhan, learned counsel for the petitioner, submits that had the subject-wise particulars been correctly reflected showing respondent No. 8 against all subjects and the petitioner against Assamese, the petitioner would have been considered for provincialisation. Therefore, he prays that the respondent authorities may be directed to consider the case of the petitioner as teacher in Assamese language. 7. It is stated at the Bar that during the pendency of the writ petition, respondent Nos. 8 & 9 have retired from their services. Under such changed circumstances, the learned counsel for the parties fairly submit that the writ petition may be disposed of by directing the petitioner to file a fresh representation before the appropriate authority for consideration of his case, as vacancies may have arisen upon retirement of respondent Nos. 8 & 9. 8. Having considered the submissions of learned counsel for the parties and also taking note of the fact that the respondent Nos. 8 & 9 have already been retired from their services, I am of the considered view that no adjudication as regards the appointment of respondent Nos. 8 & 9 is now required to be made due to lapse of time. However, the case of the petitioner may be required to be considered by the respondent authorities. 9. Accordingly, this writ petition is disposed of with a direction to the petitioner to submit a fresh representation before the Director of Elementary Education, Assam within 25 (twenty five) days from today. Upon receipt of such Page No.# 6/6 representation, the Director, Elementary Education, Assam shall consider and dispose of the same in accordance with law within a period of 3 (three) months thereafter. 10. Writ petition stands disposed of. JUDGE Comparing Assistant