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2026 Supreme(Gau) 181

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Syed Faruk Hussain Khan, S/o - Late Hussain Uddin Khan – Appellant
Versus
State Of Assam, Represented By The Secretary To The Govt. Of Assam, Department Of School Education (Elementary) – Respondent


Advocates Appeared:
For the Petitioner: Mrs. K Devi, Ms S A Khalifa
For the Respondent: Sc, Elem. Edu, Sc, Btc

JUDGMENT :

RAJESH MAZUMDAR, J.

Heard Ms. K. Devi, learned counsel for the petitioner. Also heard Mr. B. Talukdar, learned Standing counsel for the Elementary Education department.

2. The primary challenge in this writ petition is to the impugned order dated 18.04.2023 passed by the Secretary to the Government of Assam, Department of School Education on 18.04.2023 rejecting the claim of the petitioner for regularization/provincialsation of his services.

3. The matter has a chequered history. The petitioner claims to be appointed by the order dated 15.01.1988 issued by the Headmaster Bhogpur M.E Madrassa according to the decision of the Managing Committee of that relevant point of time. The approval for the appointment of the petitioner came on 10.01.1992 approving the appointment order dated 15.01.1988. The school came to be provincialised in the year 1991 and since the particulars of the present petitioner had been dropped from the detailed particulars submitted for provincialisation at that point of time, the petitioner could not avail the benefits of provincialisation at that point of time. Several similarly situated persons had approached this Court by filing writ petitions, one of

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