GAHC010234902025 2025:GAU-AS:14782

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6145/2025

THE CHITALMARI HIGH SCHOOL

REPRESENTED BY ITS HEAD MISTRESS,P.O- SAMARALI BAZAR, P.S-

LANKA,DIST- HOJAI, ASSAM.

2: NILIMA SAIKIA

THE HEAD MISTRESS OF CHITALMARIHIGH SCHOOL

W/O- ANWAR HUSSAIN TALUKDAR

VILL- UTTAR SAMARALI

P.O- SAMARALI BAZAR

P.S- LANKA DIST- HOJAI

ASSAM

3: HILAL AHMED CHOUDHURY

ASSISTANT TEACHER

SCIENCE

S/O- NUR UDDIN CHOUDHURY

VILL AND P.O- SAMARALI BAZAR

P.S- LANKA DIST- HOJAI

ASSAM

4: JAMAL AHMED

ASSISTANT TEACHER

SCIENCE

S/O- LATE ABDUL KADIR

VILL- DIGHALJAR

P.S- LANKA DIST- HOJAI

ASSAM VERSUS

THE STATE OF ASSAM,

REPRESENTEDBY THE SECRETARY, GOVT. OF ASSAM,SECONDARY EDUCATION DEPARTMENT,DISPUR, GUWAHATI-6.

2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM PLIPARA GUWAHATI-19.

3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHIPLIPARA GUWAHATI-19.

4:THE DISTRICT ELEMENTARY EDUCATION OFFICER HOJAI DIST HOJAI ASSAM

5:THE INSPECTOR OF SCHOOLS HD HOJAI ASSAM.

6:THE BLOCK ELEMENTARY EDUCATION OFFICER LANKA DIST- HOJAI ASSAM.

7:THE CHITALMARI ME SCHOOL REPRESENTED BY ITS HEAD MASTER P.O- SAMARALI BAZAR DIST- HOJAI ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, N. UDDIN,MS. P AHMED,R KHA Advocate for the Respondent : SC, SEC. EDU., SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

01.11.2025 Heard Mr. M I Hussain, learned counsel for the petitioners. Also heard Mr. U Sharma, learned Standing counsel, Secondary Education Department, Assam for the respondent Nos. 1, 2 & 5 as well as Mr. A Phukan, learned Standing counsel, Elementary Education Department, for the respondent Nos. 3, 4 & 6.

2. By way of the instant writ petition under Article 226 of the Constitution of India, the petitioners are seeking, inter-alia, for a direction to the respondent authorities to take appropriate steps for physical amalgamation of both Chitalmari High School and Chitalmari M.E. School in view of the order dated 11.01.2018 passed by the Government of Assam, Secondary Education Department.

3. The brief facts of the case are that on 11.01.2018, the Commissioner & Secretary to the Government of Assam, Secondary Education Department issued an order, amalgamating the respondent No. 7, Chitalmari M.E. School with the petitioner No. 1 school, Chitalmari High School. However, the respondent No. 7 thereafter had assailed the legality and validity of the said amalgamation order dated 11.01.2018 before this Court by filing WP(C) No. 836/2018. In said WP(C) No. 836/2018, this Court after hearing the learned counsels for the parties vide order dated 13.09.2019 was pleased to dispose of the same, by directing the respondent authorities to verify the service conditions of the teaching and non-teaching staff of the respondent No. 7 school so that no prejudice is caused to any of the staff of the said school because of the amalgamation.

4. It is the further case of the petitioners that thereafter, the Inspector of Schools, HDC, Hojai, Assam submitted a report dated 13.08.2025 to the Director of Elementary Education, Assam, wherein it has been observed that in view of Clause-4 of the Office Memorandum dated 22.09.2016, there shall not be any financial loss and whatever the emolument they are getting shall continue after amalgamation. It is further stated in the said report dated 13.08.2025 that the teaching and non-teaching staff of the respondent No. 7 school will continue to receive the financial emoluments what they are getting now post amalgamation and accordingly, the Inspector of Schools, HDC, Hojai, requested the Director of Elementary Education, Assam to take appropriate steps for physical amalgamation of both the respondent No. 7 school and the petitioner No. 1 school as per the order dated 11.01.2018 passed by the Government of Assam, Secondary Education Department.

5. However, since no steps, whatsoever, have been taken till date for effecting the physical amalgamation of both the said schools, the present writ petition ha