Page No.# 1/4 GAHC010185882024 2026:GAU-AS:9727 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4634/2024 ANJALI NAIDING W/O- SHRI BIJOY PHONGLO, R/O- VILLAGE- DIYUNGKRO, P.O./P.S. MAHUR, DIMA HASAO, ASSAM- 788830 VERSUS NORTH CACHAR HILLS AUTONOMOUS COUNCIL AND ANR REPRESENTED BY THE PRINCIPAL SECRETARY (T), HAFLONG, DISTRICT- DIMA HASAO, ASSAM- 788819 2:THE DISTRICT PRIMARY EDUCATION OFFICER NORTH CACHAR HILLS AUTONOMOUS COUNCIL HAFLONG DISTRICT- DIMA HASAO ASSAM- 78881 Advocate for the Petitioner : MR B D DAS, MR H K SARMA,MR. D THAOSEN Advocate for the Respondent : SC, N C HILLS, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 16.07.2026 Heard Mr. B. D. Das, learned Senior Counsel, assisted by Mr. J. Lotha, learned counsel, appearing for the petitioner. Also heard Ms. P. Chakrabarty, learned Standing Counsel, North Cachar Hills Autonomous Council, for the respondent no.1 as well as Mr. C. Sarma, learned counsel, representing the District Primary Education Officer, North Cachar Hills Autonomous Council/ Respondent No.2. 2. The petitioner in the present writ petition has presented a challenge to an order dated 30.08.2024, issued by the Respondent No.2, transferring and posting the petitioner from Choto Longmailai L.P. School, Mahur Circle, to Longrenbra L.P. School, Langting Circle. 3. Mr. B. D. Das, learned Senior Counsel, appearing for the petitioner, at the outset has submitted that the transfer and posting of teachers working in Elementary as well as Secondary Schools is governed by the provisions of the Assam Elementary and Secondary School Teachers’ (Regulation of Posting and Transfer) Act, 2020. He submits that the procedure mandated to be followed for the purpose of transferring such category of teachers is laid down in the provisions of Sub Section (5) of Section 5 of the Act of 2020. He submits that in Page No.# 3/4 terms of the provisions of Sub Section (5) of Section 5 of the said Act of 2020, the District Level Committee as constituted in the matter is to first recommend the inter school transfer of teachers within the district, after ensuring that the pupils/teachers ratio is so maintained. 4. Mr. B. D. Das, submits that in case of transfer effected in respect of the petitioner, vide order dated 30.08.2024, the provisions of the Act of 2020, was not complied with. He submits that there is no recommendation made by the DLC for the transfer of the petitioner as mandated under the provisions of Sub Section (5) of Section 5 of the Act of 2020, preceding the issuance of the order dated 30.08.2024. 5. This Court had raised a query to Mr. C. Sarma, learned Standing Counsel, North Cachar Hills Autonomous Council, appearing for the respondent no.2, as to whether the order dated 30.08.2024, in so far as it concerns the petitioner was so issued after due recommendations in this connection was received from the District Level Committee in terms of the Sub Section (5) of Section 5 of the Act of 2020. Mr. Sarma, in response, on instructions, has submitted that there was no recommendation made by the said District Level Committee in respect of the petitioner prior to issuance of the order dated 30.08.2024. 6. The transfer and posting of teachers in Elementary as well as Secondary Schools now being statutorily regulated by the provisions of the Act of 2020, such transfers would be required to be mandatorily effected only in compliance Page No.# 4/4 with the provisions of the said Act of 2020 and any violation of the provisions of the said Act of 2020, in effecting such transfers would render such transfers void ab initio. The transfer in respect of the petitioner admittedly having been effected vide order dated 30.08.2024, in clear violation of the provisions of the Act of 2020, the same cannot be sustained and would mandate an interference from this Court. 7. In view of the above conclusions reached by this Court, the order dated 30.08.2024, in so far as it concerns the transfer effected in respect of the petitioner, herein, stands set aside. 8. However, it is provided, that in the event, there exist a necessity for transferring the petitioner, to any other school, the Respondent Authorities are at liberty to issue orders to transfer the petitioner from her present school by strictly complying with the provisions of the Act of 2020. 9. Interim order passed earlier stands merged with the present order. 10. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant